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Estate Planning Archives

Understanding Wage Garnishments and How Bankruptcy Can Help

Bankruptcy, Estate Planning, Family Law

Wage garnishments

Due to the financial implications of Covid-19, the state of Michigan had paused collections including wage garnishments. However, this is no longer the case, and creditors have resumed garnishing wages.

Read on to learn about wage garnishments and how filing for bankruptcy can prevent them from happening.

What is a Wage Garnishment?

Wage garnishment is when your employer receives notice from the court to withhold a portion of your paycheck to pay outstanding debt. This process doesn’t happen immediately, however, as there are several steps a creditor must take. First, a collector is required to file a collection lawsuit in court. If they win, they will receive a money judgement. This judgement includes a written piece of paper issued by the court that authorizes that the creditor can collect a specific amount of outstanding funds owed.

Do All Creditors Need to File a Collection Lawsuit?

Not all creditors need to undergo this process and receive court judgement. For example, some specific creditors like the Internal Revenue Service do not require a court order to proceed with wage garnishment. In addition, the following types of outstanding payments do not require a lawsuit to proceed with wage garnishment:

  • Outstanding income tax
  • Child support ordered by the court
  • Student loan payments

Understanding the Process of Wage Garnishment

If a debt collector has been calling your home and work and you’ve failed to pay your outstanding debt, they may proceed to attempt to garnish your wages. This event is often the result if no effort has been made to pay back any portion of the debt. The creditor, however, is only eligible to receive a percentage of your paycheck according to Federal law applicable in Michigan. For example, creditors can garnish 25% of your earnings (after taxes) or your overall earnings that are 30 times greater than the federal minimum wage. It is important to note that the percentage that creditors can garnish differs according to the debt.

Prevent Wage Garnishment

There are a few ways to avoid wage garnishment! You work hard for your money, and it makes sense to want to protect it. If you pay off the debt within 21 days of receiving the judgement, the creditor will not be able to proceed with wage garnishment. You can also try to contact your creditor directly to negotiate a payment plan.

Filing For Bankruptcy

Another option to prevent wage garnishment is to file for bankruptcy. Bankruptcy provides honest people with a second chance and the opportunity to regain their financial freedom. Filing for bankruptcy will prevent all wage garnishments if a creditor has a money judgement. In addition, bankruptcy can help eliminate other debts as well. When you initially file for bankruptcy, a court order called an “automatic stay” begins. This act limits creditors from garnishment and ends those countless phone calls. Ultimately, the automatic stay stops any foreclosures, evictions and creditors. In addition, this action begins as soon as you file for Chapter 7 or Chapter 13 bankruptcy. However, if you’ve filed for Chapter 7, child support debt does not apply to the automatic stay. In other words, if you file for Chapter 7, you will still be responsible for the payment of your child support debt.

To learn more about how bankruptcy can help with a wage garnishment, contact the law office of Stephanie Krane-Boehmer today.

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The Ins and Outs of Estate Planning

Bankruptcy, Estate Planning, Family Law

Estate planning Michigan

Estate planning isn’t exclusively for the wealthy. The sooner you start planning for reallocation of your assets, the better. Estate planning ensures that your chosen assets get delegated to the proper people. Otherwise, if you were to pass away, your hard-earned assets, distribution of your property and money are determined by state laws. If you are living yet unable to manage your affairs, estate planning can also provide reassurance that your financial matters are taken care of according to your terms. Creating an estate plan is a step you can take towards controlling your financial affairs if something unexpected happens to you.

Life events can be unpredictable. While we don’t have complete control over events that happen, we can control who inherits our assets and prized possessions through a completed estate plan. Consider talking to an estate planning attorney who can discuss your best options.

Do I Need a Will?

A Last Will and Testament is a document intended to outline the chosen people who will inherit your assets after you pass away. If you have an estate plan, the choice of your heirs is entirely up to you! You have complete control over where your lifelong assets go. In addition, this document can also state who will take care of your children if they’re under 18-years-old. You can rest assured knowing that your children will be taken care of by your chosen guardian if you pass away.

Without this document, any decisions regarding your assets including property, bank accounts, tangible personal items and more, will be made by the state of law. A Last Will and Testament only become actionable after you die.

A Living Will takes into effect if you become incapacitated. This document outlines the type of medical care you wish to receive. It only becomes valid when a doctor determines that you are unable to make these decisions for yourself.

Importance of a Having a Durable Power of Attorney

Choosing a durable power of attorney is an aspect of an estate plan that takes effect today while you’re living. Regardless of age, power of attorney documents is an essential piece of an estate plan. Appointing a durable power of attorney will ensure that your healthcare decisions and finances become handled by your chosen people if you are living yet unable to manage them yourself. If you are alive and become unable to make your own decisions, your chosen durable power of attorney can make those decisions for you.

Understanding the Types of Durable Power of Attorneys

There are two main types of durable power of attorneys. A durable health care power of attorney can make health-based decisions for you. You can appoint more than one person to act as your health care power of attorney. For example, if you have three children over the age of 18, all three can be eligible as your chosen health care power of attorney. This document is the only way to appoint a person(s) who will make health care decisions on your behalf.

A durable power of attorney for financial services is a document outlining the designated person(s) to handle your financial affairs. If you undergo an accident or diagnosis that leaves you incapable of making sound decisions about your finances, this power of attorney will take care of everything for you. You can rest assured knowing your bills, mortgage, and general finances will be taken care of by the person(s) you elect.

Choosing your power of attorney is an integral part of any estate plan. You might be wondering: how do I identify the right people? We recommend choosing someone responsible, trustworthy and who has your best interest in mind.

Contact Stephanie Krane-Boehmer, an experienced estate planning lawyer who will work with you to create a customized estate plan.

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Benefits of Completing an Estate Plan Sooner Rather Than Later

Bankruptcy, Estate Planning, Family Law

Estate plan

An estate plan ensures that if you pass away or become disabled, your assets are inherited by the person(s) that you’ve chosen. Your estate plan can also outline chosen guardians to take care of your children (if they are under the age of 18) in the event of a parent’s death or disability.

Without an estate plan, state laws determine who will manage your assets. This means that family members could incur the fees associated with probate court fees, attorney fees and taxes after death in an attempt to maintain your assets.

As a wills and estates lawyer in Rochester Hills, serving Utica, Troy and surrounding areas, I advise designating heirs to your assets through an estate plan, so that this can all be avoided.

Do I Need an Estate Plan?

Many people don’t realize that once you acquire assets such as a house, bank accounts, investments, vehicles etc. you should have an estate plan. If the past year has taught us anything, it’s that life is unpredictable. Having an estate plan will ensure that your assets are left to your loved ones according to your own wishes in the event of your death or disability.

We prioritize planning for events that are important to us such as a vacation or buying a new house. Planning for life if something happens to you should be equally as important. Planning who will inherit your assets after you’re gone allows you to make arrangements for the future wellbeing of your family. Think of estate planning as a way to ensure that you’re able to take care of your family beyond the years that you’re with them.

Remember, estate plans aren’t just limited to very wealthy people. The most important aspect of estate planning is the reassurance that your assets will be properly managed by the heirs you choose rather than being decided in court.

Still wondering if you need an estate plan? Take a look at some questions you can ask yourself to determine whether or not a plan is right for you. The biggest question being: “Do you want to have a say where your possessions go after you pass away?”

Having a Plan Provides Reassurance

Since it can be an unexpected event, it’s normal to not feel the need to plan or prepare for who receives your assets and personal items if something happens to you. However, your assets are a reflection of your hard work and accomplishments and deciding who receives them when you can no longer enjoy them is not a process that should be intimidating. Rather, it’s a process that will provide you and your loved ones with reassurance and relief in the event that an estate plan needs to be revealed.

The Benefits of Delegating Your Assets

If you’re fortunate enough to live a long life, your assets are often tangible items you can designate to loved ones as ways for them to remember you. Perhaps you had a special watch that your great-grandfather gave to you. Even items like these can be designated to your chosen heir in the event of your passing or disability. Putting some thought into who should receive what might seem like a daunting task. However, the effort that you put into creating a plan is going to eliminate the reality of loved ones having to pay hundreds of dollars trying to gain possession of your assets in court.

Ultimately, assets that are passed over to your heirs act as reminders of your hard work and reflect both your love and commitment to your family.

Where Do I Start with an Estate Plan?

If you’re ready to begin completing your estate plan, you’ll need to find an attorney that prepares Wills and Trusts to start the process. Stephanie Krane-Boehmer is an attorney in Rochester Hills, Michigan. You can book a free consultation to identify which estate plan makes sense for you!

Choosing the Right Family Law Attorney

Bankruptcy, Estate Planning, Family Law

Family Law Attorney

Since there are many aspects of family law, researching to find an experienced attorney can help you with the process. For instance, dealing with family law matters such as a divorce can be a life-changing experience. However, choosing the right attorney to support you through all aspects of your divorce can help with the process. The right lawyer can support you through mediation, litigation, parenting arrangements, child support, and division of property.

Once you’ve identified the family law topics you’re seeking guidance on, you can begin your research. Consider the following tips when choosing a family law attorney.

Inquire if Friends And Family Can Refer an Attorney

You’ll want to determine that the lawyer you choose can help with your specific legal concerns. A great way to gather information about a potential attorney is through a referral that you can trust. For example, gather insight into friends and family’s knowledge of lawyers that they’ve worked with previously or are current clients. If you can typically trust the referrals of your friends, this is an efficient way to discover a possible attorney. However, keep in mind that a recommended lawyer might not practice the law suited to your legal needs. Be sure to do additional research outside of a friend’s referral to ensure that the lawyer is an expert in your required fields.

Review Online Testimonials

While researching a potential family law attorney, read the testimonials that their website offers. These are honest interactions shared by the attorney’s current or past clients. If you’re searching for a family lawyer and read a testimonial discussing how smooth it was to work with the attorney, you’ll likely inquire to learn more. Positive testimonials are shared by choice, based on the experience clients had with the attorney. These testimonials can outline the attorney’s character traits and the process of working with them. Consider these factors when you’re entrusting your legal needs to your chosen family law attorney.

Research Their Experience And Expertise

Now that you’ve asked for referrals and reviewed testimonials on the web, allocate some time for looking into the attorney’s experience and expertise. For example, ask yourself: is it necessary that your attorney has years of experience dealing with your family law matter? If so, you’ll want to research the number of years that the potential attorney has been practicing law. Are you seeking guidance on a few topics including, divorce, child custody and child support? Be sure to identify that the lawyer you choose is an expert in those particular fields to meet your legal needs.

Book an Appointment

Once you’ve decided to reach out to an attorney, many offer flexible booking options such as phone calls, zoom meetings or in-person options. A formal appointment is your opportunity to tell your story and initiate this process. Based on the family law advice you’re seeking, the attorney will work to answer any questions you have and understand your situation better. Use this appointment as a chance to get to know your potential lawyer! Are they honest and compassionate? For instance, if you’re going through a divorce, you’ll most likely want to choose an attorney whose understanding and whose expert support will make this situation a smoother process.

Finding the right family lawyer doesn’t have to be an overwhelming process! Are you in the Rochester Hills area, seeking a family lawyer? Book an appointment with Stephanie Krane-Boehmer, who specializes in family law. Stephanie supports family law needs in Oakland, Macomb, Genesee, Lapeer and Livingston Counties. Curious to learn more? Be sure to check out the multiple testimonials available on her website.

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Thoughts of Estate Planning During the Pandemic and Beyond

Estate Planning, Family Law

Estate plan

Most, if not all, of us, have never experienced a pandemic during our lifetime.  The unknown is what I believe to be most difficult to understand. It has made me think more about the future and consider what might happen to my family’s circumstances if my husband or I was to become ill. So, after years of creating comprehensive estate plans for my clients, I finally created one for my family.  During this time, I have helped many individuals, couples, and families create an estate plan, whether a Last Will and Testament or a Trust to ensure an orderly and legal transfer of their money and property upon their death or disability. Estate planning can also involve naming a guardian for a child in the event of a parent’s death or disability.  Without an estate plan, state laws determine who will handle your money and property in the event of your disability or upon your death.  This article pertains to Michigan Law and Michigan residents.

Before Beginning

If you are considering an estate plan, there are a few basic decisions to be made before you begin:

  1. Who will take care of my money and property if I pass away or become disabled?
  2. Who will make health decisions for me if I become disabled or incapacitated?
  3. If you have children under 18, who will care for them and protect their money and property until they are of legal age?

Components of an Estate Plan

Once you have answers to these questions, we can begin drafting the documents needed for your estate plan should have. Every estate plan should include the following documents:

Trust

This document is a working entity that begins when you sign the Declaration of Trust. It specifies how your money, assets, and property are handled and distributed while you are alive and after death.  If properly prepared, the Trust remains private and does not require the probate process.

Last Will and Testament

This document becomes legally binding on the date of one’s death.  If circumstances change and you want to amend this document, and you are competent, it can be changed.  Your will states who is to handle your estate through the probate process and who will receive your property.  The downside to a Last Will and Testament is the necessity of the probate process, the costs involved, and the length of time that your assets can be delayed being distributed.

Durable Power of Attorney for Healthcare

This document appoints a person to make health care decisions for you if you are unable to do so.  You can name one or more individuals to act as your power of attorney.

Durable Power of Attorney for Financial Purposes (Money or Property)

This document appoints a person to handle your money and property, access bank accounts to pay bills and handle your personal financial matters.

Every Family is Different

In our office, we customize these documents to each client to suit each client’s individual situation. Estate planning documents simply copied out of form books or from templates found on the internet may not take all considerations into account. The consequence of improperly prepared estate documents can result in expensive litigation and delay.

Stephanie Krane-Boehmer is a family law attorney in Rochester Hills, Michigan. Contact Stephanie today to schedule a free consultation to determine which type of estate plan is best for your situation.

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