Sandra D. Glazier Co-Presenting National Webinar “Undue Influence: What Every Estate Planner Should Know”

Sandra GlazierSandra D. Glazier, a principal of the Lipson, Neilson, Cole, Seltzer, Garin, P.C. law firm, will co-present with Thomas M. Dixon a webinar entitled, “Undue Influence: What Every Estate Planner Should Know”.

Approved for Continuing Legal Education (CLE) credits by the State Bar Associations in 34 states, as well as the U.S. Internal Revenue Service for its agents, this live webinar will be held on November 15, 2017, from 1:00pm-2:30pm. Click here to register.

Due in part to the rapid growth of our country’s aging population, many adults are falling prey to the undue influence of others. Undue influence is (intentional or unintentional) conduct that supplants the will and the true intentions of the vulnerable adult with the will of the ‘trusted’ perpetrator.

Undue influence is usually not a single event; rather, it is a process which is generally conducted in secret and therefore must be proved by circumstantial evidence. If lawyers or other professionals engaged in the estate planning process fail to understand and recognize undue influence and to adhere to practices that could be utilized during the planning process for a vulnerable adult, these professionals may well find themselves on the wrong side of a contest proceeding or otherwise unable to defend the independence and validity of a client’s estate plan. In such instances, the failure to take simple precautions and adequately document the process utilized to assess capacity and the absence of undue influence may well undercut the ability to defend the plan.

This webinar is intended to educate the audience on the basics of undue influence and address issues that can arise during the litigation of such claims. The information will assist practitioners in identifying vulnerabilities and many of the indicia or ‘red flags’ of undue influence.

It will also provide insight into actions which estate planners might engage that could result in protection of the plan. This content will also provide a greater understanding of many of the ins and outs of undue influence contests.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. Ms. Glazier has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings. An AV Preeminent® rated attorney, she has also been recognized by “Super Lawyers” in probate litigation and a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wayne County Probate Court appointed attorney training, Wilmington Trust’s New York Trust Symposium and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has also taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters level course.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

Sandra Glazier on Faculty of the 43rd Notre Dame Tax and Estate Planning Institute

Sandra Glazier 2017 webpage photoLipson Neilson Shareholder Sandra Glazier will be presenting as a member of the forty-third Notre Dame Tax and Estate Planning Institute’s faculty, on the topic of “Removal and Surcharge of Fiduciaries: Practicality, Obstacles and Defending the Fiduciary.” Sandra is the only attorney from Michigan serving as a member of this year’s nationally based prestigious faculty. This is the third consecutive year that Sandra has been invited to be part of this faculty.

Held in South Bend, Indiana, during October 26-27, this Institute brings together tax and estate planning experts from across the country. During the two-day event, the Institute’s faculty will present on a variety of practical topics, relevant even if there is no estate tax.

An attorney for more than 35 years, Sandra D. Glazier is well-known for her expertise in Probate Litigation, Estate Planning, Estate and Trust Administration, and Family Law. Recognized as a Super Lawyer in probate litigation and an AV-Preeminent Rated attorney, Sandra’s articles have been published by some of the legal industry’s leading publications. Sandra is a shareholder of Lipson, Neilson, Cole, Seltzer & Garin, P.C., in its Bloomfield Hills, MI office.

Contact: Sandra Glazier

Phone: 248-593-5000

Email: sglazier@lipsonneilson.com

MICHIGAN SENATOR INTRODUCES LEGISLATION ENABLING 55+ PURCHASE OF MEDICARE

According to Michigan Senator Stabenow, people between the ages of 55 and 64 often have more health problems and face higher healthcare costs who are not yet eligible for Medicare. This bill will let individuals buy into Medicare before you turn 65.

The legislation, if passed, could generate significant cost savings since private insurers are permitted to charge often times three times the rates than what Medicare coverage provides for the same service, while at the same time provide needed additional revenue to the Medicare system.

This legislation also would affect the upward financial strain being felt by various statewide private insurance exchanges, as this insurance coverage is usually the most expensive.

To learn more please visit www.CEPlawyers.com

Lack of Coordination: The Potential for Best Laid Plans to Go Awry

By: Martin S. Shenkman and Sandra D. Glazier[1]

This article was originally published in Leimberg Information Services, Inc. (LISI).

In 1786 Robert Burns wrote his insightful poem commonly referred to as “Mousie”. In it he reflects that upon plowing his fields he undoes the foresight of mice who unfortunately built their nest in Burns’ field. He pens the oft used phrase that “the best laid plans of mice and men often go awry”.[2] In the realm of estate planning, a lack of coordination in the designation of agents, assets and/or beneficiaries frequently causes even the best laid plans to go awry. While subsequent changes to designations made by a client may be beyond our control, attention to the potential difficulties arising from conflicting directions and designations of agents may be a discussion worth having. At least the client who is “forewarned is forearmed”.[3]

Generally, clients come to us with some general, or perhaps even specific, ideas of how they wish to dispose of their property upon death. As part of a comprehensive approach to the client’s estate plan, it’s incumbent upon us to ask who they want to be responsible for administering those assets, not only upon death but also in the event of incapacity. Because the issue of asset management and control can fall under the auspices of different fiduciaries, consideration of who they will be and how they might interact and relate can be extremely important. Creating a comprehensive plan for clients often goes beyond simply drafting estate planning documents.

Planning for aging (and incapacity) requires more than just the traditional preparation of a Will, durable power of attorney (“DPOA”) (and perhaps a revocable trust). The multitude of fiduciary and quasi-fiduciary appointments clients make, almost entirely without professional input, can create conflicts and inconsistencies in the administration of the client’s affairs. Practitioners can provide great assistance to their clients when they expand the scope of their inquiry and client discussions to address issues relating to such appointments and the importance of coordination of fiduciaries named under primary legal documents. Doing so can forewarn the client of pitfalls that could undermine the safeguards the planning team is endeavoring to create. As estate planning remains extremely relevant in implementing client desires, it’s important for practitioners to evolve and consider a broader range of practical, non-technical, considerations that can make our services beneficial to all spheres of client echelons.

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Sandra D. Glazier Selected by Trusts & Estates Magazine to Co-Present “Confronting Undue Influence in Your Practice” in a Webinar for Wealth Management Professionals

Sandra GlazierSandra D. Glazier Sandra D. Glazier has been selected by Trusts & Estates Magazine, the WealthManagement.com Journal for estate-planning professionals, to co-present with Thomas M. Dixon, in a webinar titled, “Confronting Undue Influence in Your Practice.” This free webinar will be Wednesday, October 18, 2017, at 2:00pm EDT. Click here to register.

Individuals with estates both large and small can be susceptible to undue influence, which is becoming more prevalent as the basis for attacking estate-planning documents. As our population ages and becomes more vulnerable, the risk of undue influence being exerted increases. Accordingly, it’s increasingly important for attorneys to understand and identify vulnerabilities and the indicia of undue influence. This task becomes critical:

  • During the initial representation phase, in understanding the issue of competency versus undue influence.
  • In the drafting phase, in recommending options and practices to protect the integrity of an estate plan.
  • After death, in being conversant with the ins and outs of litigating undue influence cases.

This webinar will help planning professionals understand undue influence, identify important factors that might give rise to a claim of undue influence, suggest strategies to enhance enforceability of estate-planning documents and recommend tips for litigating undue influence cases.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. Ms. Glazier has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings. An AV Preeminent® rated attorney, she has also been recognized by “Super Lawyers” in probate litigation and a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wilmington Trust’s New York Trust Symposium and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters level course. Ms. Glazier is a principal of Lipson, Neilson, Cole, Seltzer, Garin, P.C. and practices out of their Bloomfield Hills, Michigan office.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

Sandra D. Glazier Featured Speaker at Wilmington Trust’s 2017 Summer Symposium for Trusts & Estates Professionals

SG001_SQ_eSandra D. Glazier, author of Testimony from Beyond the Grave – The Gravamen of the Attorney-Client Privilege in Will and Trust Contests, will be a featured speaker on this topic during Wilmington Trust’s 2017 Summer Symposium for Trusts & Estates Professionals. This symposium will be held on July 19, 2017 at Christie’s in New York City. Ms. Glazier’s presentation has qualified for one Ethics CLE credit in New York and New Jersey.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. Ms. Glazier has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings. An AV Preeminent® rated attorney, she has also been recognized as a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wilmington Trust’s New York Trust Symposium and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters level course. Ms. Glazier is a principal of Lipson, Neilson, Cole, Seltzer, Garin, P.C. and practices out of their Bloomfield Hills, Michigan office.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

Steven Malach Administers Multi-Million Dollar Charitable Estate Plan and Trust for Prominent Judge

Steven MalachSteven Malach, Founder and Director of the Center for Estate Planning (CEP), a subsidiary of the Lipson Neilson law firm, has completed the administration of the multi-million dollar estate plan and trust of the Honorable Judge Michael Stacey. This estate plan and trust provided for numerous charitable endeavors including:

  • Increasing care for those suffering the ravages of Alzheimer’a in the metro-Detroit area through the Dorothy and Peter Brown Adult Care program in West Bloomfield Hills, Michigan.
  • Establishing Palliative care as a go between medical and hospice care for individuals via the Jewish Hospice & Chaplaincy Network in West Bloomfield, Michigan.
  • Supporting child cancer research at the St. Jude’s Hospital.
  • Variety: The Children’s Charity
  • Yad Ezra food pantry for impoverished people who rely heavily on government assistance programs, including food stamps.
  • ENSURE: A non-profit charity that specifically supports pediatric surgical research at Children’s Hospital of Michigan.

Judge Michael Stacey graduated from Wayne State University Law School and was admitted into the State Bar of Michigan in 1951. Before becoming a judge, he was in private practice and ran one of the first mediation panels in Michigan. Judge Stacey was appointed by Michigan Governor William Milliken to the Wayne County Circuit Court in January, 1974. He retired from the bench in 1994 and continued in private practice as a pre-eminent Mediator and Arbitrator.

An attorney for more than 30 years, who has handled cases in every county in Michigan, Mr. Malach heads Lipson, Neilson, Cole, Seltzer, & Garin, P.C.’s estate planning practice group and is the founder of the Center For Estate Planning (CEP). With offices in Michigan and Arizona, the CEP specializes in all aspects of estate planning, from estate administration to lifetime counsel and probate administration work. CEP attorneys work with individuals, closely-held businesses and charitable organizations. Mr. Malach’s practice specializes in elder law, estate planning, probate, wills, trusts and trusts administration.

Contact: Steven Malach
Phone: 248-593-5000
Email: SMalach@lipsonneilson.com

Steven Malach Participates in 2017 NAELA Annual Conference

Steven MalachSteven Malach, who heads up the Probate, Trust and Estate Planning section of Lipson Neilson, recently attended the 2017 Annual NAELA (National Association of Elder Law Attorneys) Conference in Boston, Mass. Mr. Malach participated with attendees from across the country in various sessions led by experts in their respective fields including the following topics:

  • The future of aging.
  • Fiduciary access to digital assets.
  • 50 Shades of Gray Hair; Romance in the Nursing Home.
  • Updates on Litigation to ensure a client’s wishes are upheld.

The above meetings were held against the backdrop of the historical local background in pursuing life, liberty and the pursuit of happiness.

Mr. Malach is a twenty year active member of NAELA which is active legislatively at the local, State and Federal levels.

Steve Malach Participates in Casey Kasem’s Seminar

Steven Malach, who heads up the Probate, Trust and Estate Planning section of Lipson Neilson, recently attended a webinar narrated by Casey Kasem’s daughter, discussing the unfortunate circumstances involving the late Casey Kasem’s affairs. Mr. Kasem passed away on Father’s Day of 2015. He was an iconic disc jockey of national renown and known for the Casey Kasem top 100 song countdown.

In addition to suffering the ravages of dementia, his children were isolated and told they were not allowed to see their father by his second wife. This is an unfortunate textbook example of what can go wrong with or without an estate plan that can lead to very dramatic and dynamic probate related litigation during a person’s lifetime or even after they passed away.