Practice Areas
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 estates and trusts, ranging from simple to complex.
Elder Law and Medicaid Planning
We design, draft, and implement asset protection plans for our Elder Law practice to ensure family assets are not exhausted by 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. John F. MacArthur is a member of the National Academy of Elder Law Attorneys (NAELA).
Special Needs Trusts
We assist families in planning to protect state and federal benefits for individuals who face special challenges physically, emotionally, and developmentally. Special care must be taken when drafting and implementing special needs trusts to ensure maximum protection and benefit for individuals who require perpetual care.
Probate and Court Matters
Our office handles many types of probate court matters, primarily in Macomb, Wayne, Oakland, and St. Clair counties. This includes estate administration, guardianships, conservatorships, and other miscellaneous probate matters. John MacArthur serves the Macomb County Probate Court as a Case Evaluator and Mediator. Will and Trust contests and miscellaneous probate litigation matters are referred to capable local counsel.
Business Law
Our office assists many closely held businesses with a wide variety of legal matters. We handle business entity selection 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, including contract review and drafting; business agreements, operating agreements, and buy-sell agreements; business succession planning; minutes and resolutions; asset and/or stock purchase agreements; and other transactional work. We assist clients in the sale or purchase of a wide variety of businesses, which include professional practices. We assist our clients in business disputes and mediation. The firm also assists clients in mergers and acquisitions, distribution, franchise, and licensing agreements.
Non-Profit Entities
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, mediation suits a particular dispute well, and the firm encourages the use of alternative dispute resolution.
Real Estate
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 at all phases of the sale or acquisition process. We are also equipped to facilitate tax-deferred exchanges under Section 1031 of the Internal Revenue Code. The firm also handles some environmental issues.
Taxation
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.