Law Office of Holly A. Jackson Law Office of Holly A. Jackson 2026-08-14T17:16:08Z https://www.hollyjacksonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1404361/2024/05/cropped-ID-image-1-32x32.jpg On Behalf of Law Office of Holly A. Jackson <![CDATA[Are holographic wills legal in Michigan?]]> https://www.hollyjacksonlaw.com/?p=47032 2026-08-07T22:52:14Z 2026-08-07T22:52:14Z Holographic wills can be valid A handwritten will can potentially serve as a valid testamentary instrument, provided that the testator is of sound mind, physically signs the document and ideally hand-writes key portions of the will themselves in their own handwriting. Handwritten wills can be helpful in emergency scenarios, but they also create a host of challenges. Family members might dispute the validity of the will, in part because they question the handwriting and signature on the documents. There's also the risk of people failing to find or even intentionally destroying a holographic will. Professionally-created documents are less likely to include terms that violate state law. Working with an attorney reduces the likelihood of a testator failing to meet the necessary legal standards imposed by state statutes. Attorneys can also assist with storage or retrieval of a will after a person passes. Having support when drafting a will reduces the likelihood of other people failing to find it or violating its terms in the future. While some people in great distress may need to draft holographic or do-it-yourself wills, estate planning with a lawyer is usually the safest and most effective option.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[Can “love letters’ help buyers stand out in a competitive market?]]> https://www.hollyjacksonlaw.com/?p=47030 2026-07-31T12:37:20Z 2026-07-31T12:37:20Z Love letters may violate housing laws People who have owned and lived at a property for years may feel very protective about not just the home itself but also the community in which they live. They may worry about how selling their property might affect the home and their neighbors. As such, sending a love letter talking about the best qualities of the home and describing the desire to raise a family there could certainly create an emotional connection that makes a seller consider certain buyers more strongly. However, federal fair housing laws prohibit the consideration of family status and other protected characteristics when making decisions about housing. Therefore, letters that talk about raising children or other personal characteristics, such as cultural practices, could unintentionally lead to credible claims of housing law violation. Sellers and their real estate agents are potentially vulnerable to claims of discrimination in cases where a love letter plays a factor in the decision about who buys the property. Buyers and sellers who have appropriate legal representation are less likely to make mistakes that could lead to legal complications later. A real estate attorney can help facilitate a smoother process during what may be the largest transaction of a person's life. While love letters do help in some cases, their usage may be riskier than people initially realize.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[Which estate planning mistakes can cause probate disputes?]]> https://www.hollyjacksonlaw.com/?p=47026 2026-07-22T08:09:34Z 2026-07-22T08:09:34Z Outdated documents that invite conflict A will you signed 15 years ago might not reflect the current situation of your family. If you later divorced, for example, Michigan law generally revokes provisions favoring your ex-spouse. The resulting distribution may not reflect your current wishes. Conflicting paperwork creates a similar issue because your will does not control every transfer. If the document leaves an account to one child but the beneficiary form names another, the account will usually pass to the person listed on the form.

Overlooked assets that complicate administration

As your holdings change, some property may fall outside your estate plan. Examples include:
  • Real estate you acquired after creating a trust but never transferred by deed
  • Bank and investment accounts that remain titled solely in your name
  • Digital property, including cryptocurrency, online accounts and stored files
  • Vehicles, boats and other titled property without a joint owner or named beneficiary
Leaving an asset outside the trust does not necessarily change who receives it, but it can change how the transfer occurs. A pour-over will may direct the property into the trust after probate, while the absence of a residuary provision may cause Michigan intestacy law to govern the property’s distribution.

Drafting errors that undermine validity

Michigan requires a written will to carry your signature and those of two witnesses. Each witness must sign within a reasonable time after seeing you sign or hearing you acknowledge the document or your signature. An interested person may contest the will based on improper signing, lack of capacity or undue influence. The court may then hear testimony and review other evidence before deciding whether to admit it, which might delay distributions and increase estate expenses. An attorney can help draft language that reflects your wishes and identify unclear gifts, inconsistent names or missing alternatives. Counsel may also oversee the signing process and create a record of how you completed the will.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[Why informal partnerships can lead to costly disputes]]> https://www.hollyjacksonlaw.com/?p=46982 2026-07-02T10:32:03Z 2026-07-02T10:32:03Z Starting a business with a family member, friend or colleague often begins with excitement and optimism. You trust each other completely and don’t need formal paperwork. A handshake or verbal agreement is all that you need. Unfortunately, many business disputes begin exactly this way. Even the strongest relationships can be tested when money, responsibilities or business decisions come into play. And without a written partnership agreement, misunderstandings can quickly turn into expensive legal battles. 

Protect your business from day one

Business partners don’t anticipate disputes when they first start working together. However, businesses evolve, and situations change over time. Many partnership agreements stem from unanswered questions that could have been addressed before the business began. Common disputes involve:
  • How profits and losses should be divided
  • Decision-making authority
  • Each partner’s contributions and responsibilities
  • What if one partner wants to leave the company
  • What if one partner wants to bring on an additional partner
Even when partners believe they’re on the same page, memories fade, and expectations fade. A written agreement provides an objective reference when disagreements arise. Where partners don’t establish their own rules, Michigan law may fill the gap with default rules governing the relationship. But those default provisions may not reflect what each partner originally intended.  Relying on Michigan’s rules governing partners' rights and duties rather than a carefully drafted agreement can lead to unexpected outcomes and additional conflict. A well-drafted partnership agreement serves as a roadmap for the business. It clarifies expectations before disagreements occur and gives partners a process for resolving issues without unnecessary litigation. When partnership conflicts can’t be resolved informally, there can be significant financial consequences. Beyond attorney fees and court costs, legal disputes can interrupt daily operations, damage customer relationships, reduce employee morale and harm the company’s reputation. A legal professional can help draft partnership agreements, resolve disputes before they escalate and negotiate buyouts. Seeking their guidance early can protect your investment, preserve important business relationships and position your company for long-term success.  ]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[How many founders are necessary to launch an LLC?]]> https://www.hollyjacksonlaw.com/?p=46973 2026-06-18T18:09:36Z 2026-06-18T18:09:36Z Sole member LLCs are common An entrepreneur with a business idea does not need multiple other people to start an LLC. They have the option of forming a sole member LLC without sharing control with anyone else or risking conflicts with other members who have different visions for the organization. Sole member LLCs require the same paperwork as any other LLC, but only one person has the authority to make decisions about the company and manage business operations. The entrepreneur enjoys liability protection. An LLC creates a degree of social separation from the business as well, as the person starting the company can choose a unique brand name instead of using their own name for the business. Entrepreneurs exploring their options for protecting themselves legally and financially may want to discuss different business formation options with a lawyer. An attorney's guidance can help people manage business formation paperwork and choose the right entity type, given their plans for their company.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[Reasons you should keep your will updated]]> https://www.hollyjacksonlaw.com/?p=46971 2026-06-10T14:23:58Z 2026-06-10T14:23:58Z Creating a will is one of the most important steps in estate planning. It allows you to decide how your property should be distributed and who will handle your affairs after your death. However, a will is not a document you should sign and forget. Changes in your family, finances and personal circumstances can affect whether your wishes are accurately reflected. Reviewing your wills regularly can help prevent unnecessary disputes and confusion.

Major family changes can affect your wishes

Marriage, divorce, the birth of a child or the addition of stepchildren and grandchildren may all create reasons to revisit your estate planning documents. Updating your wills after significant family events can help ensure the people you care about are properly included and that your intentions remain clear.

Guardians and beneficiaries may need to change

The people you originally selected to care for minor children or receive certain gifts may no longer be the best choices. Relationships change and loved ones may pass away or become unable to serve in important roles. Regular updates allow you to replace beneficiaries, guardians and other trusted individuals when necessary.

Financial changes can reshape your estate

Starting or selling a business, purchasing property or receiving an inheritance can significantly change the value and makeup of your estate. Keeping your wills current helps account for new assets and prevents outdated instructions from creating complications for your family.

Your overall estate planning goals may evolve

As you grow older, your priorities may change. You may wish to adjust how assets are distributed, provide for additional family members or coordinate your wills with other estate planning tools and beneficiary designations. Regular reviews give you the opportunity to make those changes before unexpected events occur. Keeping your wills up to date is an important part of protecting your family and preserving your wishes. Life rarely stays the same, and your estate planning documents should reflect those changes. Taking time to review and update your plans can reduce uncertainty and make the administration of your estate easier for your loved ones. Seeking legal guidance may help you determine when updates are appropriate and how to keep your estate planning goals on track.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[Choose the right trustee for spendthrift trusts]]> https://www.hollyjacksonlaw.com/?p=46969 2026-05-28T14:28:58Z 2026-05-28T14:28:58Z Those doing their estate planning have several options regarding the financial vehicles that they employ. Trusts remain a popular option. Spendthrift trusts are a specific subgroup of that type. When funding a spendthrift trust for a loved one, it's vital to ensure the trustee is up to the task. It’s also important to remember that even qualified trustees might not be the best choice if they are family members of the recipient.

Why relatives aren’t the best choice

Whenever money is involved, and another person has control of the purse strings, there is a potential for dissent. The last thing you want to cause is an argument between the beneficiary and trustee over the distribution of the trust’s funds.  That can all be sidestepped by appointing a trusted professional with the right attributes and skill set, including the following:
  • Financial savvy to manage/maintain the trust principal
  • Investment experience
  • Excellent communication skills
These are not the sole characteristics of a competent trustee, but they are the bare minimum to expect from their services.

Cost can be a factor

For modest trusts where keeping the principal reinvested is primary, you might consider a co-trustee where someone connected to the beneficiary handles the day-to-day estate needs and works together with a professional trustee. This could be the financial compromise you need to ensure the estate remains funded and managed for the duration you intend.

Have more questions?

That’s understandable. Learning more about Michigan’s laws regarding estate planning is always a wise choice.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[How some simple estate planning can benefit unmarried couples]]> https://www.hollyjacksonlaw.com/?p=46952 2026-05-11T02:32:25Z 2026-05-11T02:32:25Z You and your partner may have been together for so long that co-workers, acquaintances and maybe even some of your friends don’t realize you aren’t married. It likely doesn’t matter to you that you haven’t taken that step and maybe never will. In some matters, however, the law does distinguish between married and unmarried couples. That’s why it’s critical for long-term committed partners to explore the importance of estate planning. While each couple has their own unique concerns, let’s look at a couple of areas where you each will likely want to put some documents in place to help you care for each other.

Passing on your assets after you’re gone

It’s smart for just about every adult to have at least a will in place to designate how their assets will be distributed when they die. If they don’t, the state’s intestacy succession law takes over. That mandates that assets be distributed to spouses, children, parents, siblings and other relatives, depending on what surviving relatives the deceased has.  A romantic partner, no matter how long and committed the relationship was, is not a relative and can potentially receive nothing if there’s no will. There are other ways to leave some assets to a partner – for example, by including them as a beneficiary of a retirement or investment account. However, including them in a will is important for assets without beneficiary designations or titles. It also helps show family members and others your intentions that your partner inherit the bulk or at least part of your estate.

Giving your partner authority over your medical care

Estate planning isn’t just about what happens after you die. For example, if you want your partner to be the one interacting with your medical team and potentially making life-or-death decisions if you’re seriously injured or ill, you need to give them medical power of attorney to be your patient advocate.  It’s also smart to create an advance health care directive to designate your wishes for end-of-life care. This document is to be followed as closely as possible by your medical team and your advocate. Without these documents, you could have relatives fighting over what to do if your condition is dire, with your partner potentially being left out of the discussion. Every couple’s situation, as noted, is highly unique. That’s why it’s important to get individualized estate planning guidance to protect your wishes and each other’s future.  ]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[What are the witness requirements for a Michigan will?]]> https://www.hollyjacksonlaw.com/?p=46949 2026-04-26T03:34:54Z 2026-04-26T03:34:54Z What specific witness requirements does Michigan impose? Contrary to what some people assume, a notary’s seal is not a requirement for a Michigan will. Testators can have any two competent adults serve as their witnesses. It is generally beneficial to select disinterested witnesses who are not named among the beneficiaries of the estate. Interested witnesses do not necessarily invalidate the will, but they could strengthen attempts to contest it in court later. Witnesses do not need to be physically present when a testator signs the will. The witnesses who sign only need to affirm the identity and mental state of the testator after they present the document and validate that they previously signed it and fully understand its contents. The witnesses can help resolve disputes about fraud, undue influence or a lack of capacity if there are concerns after the testator passes. Working with an attorney when drafting or updating a will can help people ensure that they comply with all relevant Michigan statutes. Witness requirements are among multiple statutory standards that a will must meet to be valid after a person dies.]]> On Behalf of Law Office of Holly A. Jackson <![CDATA[Joint vs. separate trust: What are the advantages?]]> https://www.hollyjacksonlaw.com/?p=46942 2026-04-22T10:32:13Z 2026-04-24T10:27:09Z Planning for the future is one of the most important things you can do for your spouse and your children. In Michigan, courts follow a rule of fair distribution, which typically results in each spouse receiving roughly half of the marital estate during a legal separation or divorce.  Because the law aims for this balanced split, many couples use trusts to manage their finances. Deciding whether to use a joint trust or separate trusts depends on your family structure, your history together and your specific financial goals.

The advantages of a joint trust

A joint trust allows you and your spouse to manage your assets in one legal document. The benefits of this approach include:
  • Simplified management: Moving assets into the trust is much easier because you only have to manage and fund one entity.
  • Shared oversight: Both spouses have equal control and visibility over all the assets in the trust.
  • Seamless transition: You gain immediate control over all assets if your spouse passes away.
  • Lower administrative effort: Managing a joint trust often requires less paperwork and less time over the years.
Choosing a joint trust provides a unified strategy for couples who view their finances as a single, shared pot. It is often the most straightforward way to ensure both partners are taken care of as they age.

The advantages of a separate trust

Separate trusts keep each person's assets in a distinct legal space. Couples often choose this route for the following reasons:
  • Protection for pre-marital property: It is much easier to keep assets you owned before the marriage separate from your shared marital estate.
  • Clarity for blended families: If you have children from previous relationships, you can keep your funds for them separate from your finances with your current spouse.
  • Debt protection: You can shield the assets in your own trust from the creditors or legal liabilities of your spouse.
This arrangement offers clarity for individuals who want to maintain their own financial identity while still planning for the future of their family.

Make the right choice for your family

The decision you make today will shape how your family handles your estate for years to come. Staying informed about the differences between these trust types can ensure your plan actually works when your family needs it most. ]]>