Wills, Trusts and Estate Planning
The firm specializes in all aspects of estate planning, from simple wills and various powers of attorney to complex trusts. We design and draft will-based and trust-based estate plans for taxable and non-taxable estates. Our plans include general durable powers of attorney and medical powers of attorney with patient advocate acceptances. We also assist in trust funding and tax-deferred benefit planning. The firm provides individualized estate planning services for the transfer of wealth and the family-owned business. We also represent the personal representative and trustee in a wide variety of administrative matters involving simple to complex estates.
Elder Law and Medicaid Planning
We design, draft, and implement asset protection plans for our Elder Law practice to ensure that family assets are not exhausted to cover long-term care and institutional costs. We assist with or prepare the Medicaid application and assist the family with the approval process and benefit maintenance. We also draft Lady Bird Deeds and counsel families on the use of countable and non-countable assets for Medicaid planning purposes.
Special Needs Trusts
We assist families in planning for the protection of state and federal benefits for those individuals who face special challenges physically, emotionally, and developmentally. Special care must be taken in the drafting and implementing special needs trusts to ensure maximum protection and benefit to those individuals who require special perpetual care.
Probate and Probate Litigation
Our office handles all types of probate court matters, primarily in Macomb, Wayne, Oakland, and St. Clair counties. This includes estate administration, will and trust contests and litigation, guardianships, conservatorships and other miscellaneous probate matters. John MacArthur serves the Macomb County Probate Court as a Case Evaluator and Mediator.
Our office assists many closely-held businesses in a wide variety of legal matters. We handle the choice of business entity issues and establishment. This includes profit corporations, non-profit corporations, limited liability companies, partnerships, limited partnerships, and sole proprietorships. In addition, we handle many day-to-day legal matters for these businesses, such as contract review and drafting, business agreements, operating agreements, buy-sell agreements, business succession planning, minutes and resolutions, asset and/or stock purchase agreements, and other transactional work. We assist our clients in business disputes and mediation. The firm also assists clients in mergers and acquisitions and distribution, franchise and licensing agreements.
The firm represents several non-profit organizations and handles the federal tax-qualification of the entities, including matters under Section 501(c) of the Internal Revenue Code. Special planning is often necessary to successfully organize and maintain a Michigan non-profit corporation.
Alternate Dispute Resolution
John MacArthur is a Macomb County Circuit and Probate court case evaluator. John is also a certified mediator, completing the 40-hour SCAO-approved mediator training. John also handles a variety of arbitration and facilitation matters. Often, the option of mediation suits a particular dispute well, and the firm encourages the use of alternate dispute resolution.
Our office represents various clients in their commercial and residential real estate ventures and operations. We represent buyers and sellers of commercial and residential real estate in all phases of the sale or acquisition. We are also equipped to facilitate tax-deferred exchanges under Section 1031 of the Internal Revenue Code. The firm also handles some environmental issues.
John MacArthur holds a Master of Laws (LL.M.) degree in taxation and assists clients in various tax planning matters, disputes and appeals. He is admitted to the United States Tax Court. The firm prepares federal estate tax returns and also works closely with the accountants of clients to best represent the client’s particular needs.