Estate Planning for Special Needs Families

I was honored to talk with the Down Syndrome Support Team (DSST) in Saline this past Sunday about estate planning when you have special needs in your family.  Many families have children that may require or presently require assistance outside of what the family can provide.  This can be either while the child is still a minor, or when they become an adult.  Unfortunately many of the programs require a "poverty" level economic status--and will not allow qualification unless assets are under a certain amount of money.

However, there are solutions to this potential or real problem, in the form of special needs estate planning.  First, the family can set up an Amenities Trust.  An Amenities Trust is a special type of trust that is designed to provide supplemental benefits to an individual with special needs who may be entitled to SSI (Supplemental Security Income), SSDI (Social Security Disability Insurance), and/or Medicaid.  "Amenities" are various sorts of items that are not food or shelter, so it can include non-grocery items, education, transportation, vacation, etc.  It also does not involve a direct transfer of cash.  Amenities Trusts are generally used by parents with special needs children.

A second option is what is called an OBRA 93 Trust.  An OBRA 93 Trust is a special type of Trust that is designed to protect an individual's own assets when that individual has special needs and either receives or qualifies for certain benefits, such as SSI, SSDI or Medicaid.  There are differences between an OBRA 93 Trust and an Amenities Trust, and those should be discussed with a lawyer in order to determine what Trust is more suitable.

It is an honor to assist families with special needs children, and provide them with options so that they can share their love freely and provide for their children even if something happens and they aren't here anymore. 

You can learn more about the Down Syndrome Support Team at their website:  http://www.downsyndromesupportteam.com/.

If you need any information on estate planning or special needs estate planning, feel free to call me at 734-665-4441, or email me at walton@psedlaw.com, or learn more about Pear Sperling Eggan & Daniels, P.C. at www.psedlaw.com.

Reconciliation Once a Divorce is Filed

The celebrity divorce news today was that Kobe and Vanessa Bryant have reconciled and have agreed to dismiss their divorce case.  This is actually a question I hear often from clients--once a divorce has been filed, can it later be dismissed?

In Michigan, we have what is called "no-fault" divorce.  This merely means that anyone can file for a divorce asserting that the marriage cannot be preserved with no other further reason.  In the past, Michigan was a "fault" divorce state, which required that the person filing for divorce prove that the other spouse had been a fault (infidelity, abuse, abandonment, etc). 

Once a person files for divorce, the other spouse is served the divorce paperwork and must file an answer to the divorce complaint and/or retain an attorney to represent them.  If the other spouse does not file an answer then they can be placed in default.

When both spouses are represented by attorneys, or in the case where there is not a default, the only time a divorce can be dismissed is when both of the spouses agree that they want to dismiss it.  That means that both spouses have to agree that they want to reconcile, and both have to either sign the dismissal or instruct their attorneys to do so.

If one spouse is in default, then the spouse that filed can dismiss the divorce case without the consent of the other.  This rarely happens, but is not outside the realm of possibility.

When I speak with my clients, I always make sure that they understand that if they file, there may not be a chance to dismiss it if their spouse refuses to do so.  If you are going to file for divorce, you should expect to see those proceedings until the end. 

While it is rare, I have seen clients reconcile with their spouses and have dismissed the divorce case upon both of them agreeing to do so.  But again, they both must agree.

Read the article on the Christian Post: "Kobe Bryant, Vanessa Call Off Divorce Proceedings: 'We Have Reconciled'"

If you are interested in learning more about divorce or family law, contact If you need any information on family law or divorce, feel free to call me at 734-665-4441, or email me at walton@psedlaw.com.

You can also find out more infomration about our firm at "Pear Sperling Eggan & Daniels, P.C." (www.psedlaw.com)

Why divorce law?

I was honored to be interviewed by the Hometown News, and was able to share a little bit about why I do what I do.  Just because I'm a divorce lawyer doesn't mean that I don't value marriage.  I do. However, realistically, I know that all marriages can't be saved.  I urge my clients to consider reconciliation first.  If that is not successful, I strive to keep character and dignity in the process.

Read the interview here:  "What Area Women Want"

If you need any information on family law or divorce, feel free to call me at 734-665-4441, or email me at walton@psedlaw.com. 

You can also find out more infomration about our firm at "Pear Sperling Eggan & Daniels, P.C."  (www.psedlaw.com)