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Questions Answered by Edward Gudeman
1 Answer | Asked in Estate Planning for Michigan on
Q: My husband owns three LLC's, no end of life docs. If he dies, do those businesses transfer to me, or include his sons?

He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.

Edward Gudeman
Edward Gudeman
answered on Apr 2, 2024

The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.

Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable...
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1 Answer | Asked in Estate Planning for Michigan on
Q: As a listed beneficiary, do I have rights to request a copy of the trust in its entirety as it applies to all parties?

I recently was notified that i was the beneficiary of a trust from my grandfather after he passed. I was sent only two pages of the trust document that applied to only me specifically. Do I have legal rights to see the entire trust document as it pertains to all parties?

Edward Gudeman
Edward Gudeman
answered on Feb 2, 2024

Under Michigan law, the trustees must provide you with the portions of the trust that relate to your rights to distributions, etc. There is nothing in the statutes to compel them to provide you with the entire trust document.

As a practical matter, however, many of the probate judges do...
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2 Answers | Asked in Estate Planning for Michigan on
Q: M y friend and I have lived together over 34 years, never got married to each other but hold all assets jointly.

We each have adult children and grandchildren, we are 68 and 67 years. All assets are joint, however, we would like to create a trust to protect each other and set things up the way we wish. Is this something you or your office can assist us with? Thanks so much, we live in Munith Michigan.

Edward Gudeman
Edward Gudeman
answered on Jun 16, 2023

Yes, we can help. The situation you describe is actually not uncommon. The fact that you are not husband and wife presents a few technical issues, but is not a bar to allowing you to arrange your affairs the way you describe.

We provide no obligation consultations, in person, over the...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: What to do when attorney was instructed to file paperwork and he did not, causing a dismissal of case ?

Its a bankruptcy case

Edward Gudeman
Edward Gudeman
answered on Dec 23, 2022

Certainly, you should speak to your attorney about filing a motion to reopen the case and obtain permission to file the appropriate documents. He or she should obviously comply with your request. Refiling is also a possibility, but there are factors that might prevent it.

If there is no...
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1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: I started a software company in Michigan and I am getting clients from other states, do I need to file LLC there?

I started an LLC for software-as-a-service in Michigan and I am getting clients from Ohio and Illinois, I wanted to know that do I need to file an LLC in all states from where I get clients or I can do business from my Michigan LLC only, and where do I pay income tax?

Edward Gudeman
Edward Gudeman
answered on Feb 24, 2022

The filing of Articles of Organization in the other states in which you are doing business is not appropriate. Doing so would create separate entities that would have to be treated accordingly.

The registration of your company in those states in which you are doing business is, however,...
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