1 October 2012. Legal Perspective Quarterly THERE IS NOTHING MINOR ABOUT PROTECTING. YOUR MINORS. Article by Attorney Tara Bachner sets to justify having a will or A will or trust is also trust prepared. However, an excellent way to protect Tara Bachner is many of those people have at any inheritance your minor an associate at Willingham &. least one minor child, and es- child will receive. Those Cote', She tate planning is essential to documents enable you to specializes in the protect their interests in your structure how the money is areas of absence. spent, when the money is to Estate Planning. be received and who will Ms. Bachner may A will or trust is not serve as the conservator for be reached at only used to distribute your your child. A conservator is 517-324-1051 or assets, it is also an instru- ment that can be used to name the If you have a minor person you would child, you know that back to like to serve as school means back to the guardian for your daily shuttling to school, ex- minor child.
2 A. tracurricular activities and so- guardian is some- cial gatherings. For many one who will be parents this can be a full-time responsible for job. Have you stopped to the day-to-day think about what would hap- raising of your pen if you were no longer someone who is in charge child. When one parent dies, of managing the money for around to do this for the other will continue to be Inside this issue: the minor child. Without your child? Who the legal guardian; however, if would step in and any estate planning, the Protecting Your 1 there is no surviving parent, a Minors raise your child in court will appoint a conser- guardian must be appointed. vator, and the child will re- your absence? This appointment can be ceive the inheritance out- Veterans Treatment Many people made by you in a will, trust or right at the age of 18. 2. and Rehabilitation by the court. put off estate plan- ning because they In many cases, the Firm News 3 When selecting a court will appoint the same are young and think guardian, it is important to that they have person to be guardian and Rights of a Runaway 4 choose an individual who plenty of time to conservator.
3 For some peo- shares your same values and ple this may not be an is- Estate Planning Q&A 5 plan for the future. beliefs. Many people select Others put off estate sue, but for others, this may family or friends for this im- be a bad idea. For exam- planning because they be- portant position. lieve they do not have the as- ple, the guardian may be an Page 2. THERE IS NOTHING MINOR ABOUT PROTECTING YOUR MINORS. (Cont'd). ex-spouse and generally that right family, friends or profes- may be the last person one sionals are selected for this would want position. Minors and Estate Planning to control Checklist your child's Whether you are young, old, rich or poor, if you Do you have a minor inheritance. have a minor child, proper child? Also, estate planning is essential. Do you currently have a depending What better way to ensure a will or trust? upon the size great future for your child than of the inheri- by planning for it today.
4 Have you named some- tance, it may one as guardian/. not be in the conservator for your best interest of the child to dis- child? tribute the money outright to him or her at the age of 18. Careful planning will ensure that the VETERANS TREATMENT COURTS IN MICHIGAN A FOCUS ON. REHABILITATION. Article by Attorney Troy Clarke Troy Clarke is VTCs that provide targeted and in- port during the process. This unique an associate at tensive services that recognize the facet of the program allows veterans Willingham & unique challenges facing returning to volunteer to assist their fellow veter- Cote', He veterans. ans with whom they have shared simi- specializes in lar experiences and has proven effec- the areas of First established in Buffalo, tive in keeping program participants Criminal and NY, in 2008, VTCs provide veterans on track and successful. Insurance Law. with access to substance abuse and Mr.
5 Clarke may mental health treatment through the With statewide guidelines now be reached at 517-324-1044 or Veterans Administration and other in place, more communities will likely local and state agencies. VTCs are a provide qualifying veterans the option hybrid of drug and mental health of therapeutic justice by establishing On September 11, 2012, treatment courts that have been cre- VTCs. This renewed emphasis on the Michigan Legislature estab- ated in an attempt to emphasize rehabilitation in our criminal justice lished statewide guidelines for treatment and rehabilitation, espe- system is long overdue and recog- the creation of Veterans Treat- cially for first-time offenders, in lieu of nizes the tremendous value of veter- ment Courts ( VTCs ). These serving jail time for certain crimes. ans to our society. guidelines address the unique Veterans accepted into the VTC pro- needs of our servicemen and gram for a first offense may have the For more information about the pro- servicewomen charged with a opportunity for dismissal of their gram, visit the Friends of nonviolent crime and struggling criminal charges upon successful Ingham County Veterans Treatment with substance abuse or mental completion of the program.
6 Court Facebook Page or contact the illness. Several communities in Matt Brundage Memorial Ingham the State, including Ingham Every veteran in the program is paired with a mentor, another vet- County Veterans Treatment Court at County, have already established 517-336-8692. eran, available for guidance and sup- Page 3. FIRM NEWS. Trial Court Appellate Court SuperLawyers Curt Hadley convinced a trial court that Kimberlee Hillock convinced the our client was not responsible to provide Supreme Court of Michigan to re- coverage for an alleged advertising in- verse a long line of cases of a judi- jury since advertis- cially created exception to the No- ing injuries, as Fault Act. This exception expanded claimed in that mat- the No-Fault Act to require cover- ter, were not cov- age for family members that have ered pursuant to the taken a motor contract issued be- vehicle without the There are four attorneys from Wil- tween the parties.
7 Owner's lingham and Cot , , that were The case was a mul- permission. The recently named Super Lawyers . timillion dollar law- No-Fault Act never for the 2012 year. John Yeager suit that ended in our client's favor. allowed such ex- was recognized ception. She for his work in successfully insurance cover- convinced the age defense Court to strictly work. Michael Conferences enforce the law, as it was written Stephenson and intended by the Michigan Legis- was determined On September 10, lature in enacting the No-Fault Act to be a super 2012, Anthony lawyer in physi- in 1973. Kogut, chair of the cian professional liability defense firm's Hospitality and John Yeager and Kimberlee work. Scott Alcoholic Beverage Hillock filed a brief to the Supreme Breen was rec- Practice Court in an effort to support the ognized as being Group, participated winning position in a case in which a Rising Star in as a panelist at the the Supreme Court followed the the areas of busi- Center for Alcohol language of the statute that allowed ness and corpo- Policy's Fifth recovery for work loss benefits, sur- rate law.
8 Annual Alcohol Law Symposium held in vivor's loss benefits and allowable Dallas, Texas. This annual event expenses against a negligent David Nelson "brings together some of the best legal operator of a mo- was identified as a Rising Star in minds in the country including state tor vehicle. The physician profes- regulators, attorneys general, educators judiciary expanded sional liability and industry officials to discuss and the statute with a defense work. debate current alcohol laws and self-created challenges."* At the symposium, Mr. exception that Kogut addressed the current status allowed the of alcoholic beverage litigation against recovery for dam- the States (such as first amend- ages for ment, commerce clause and equal pro- replacement services, even though tection challenges to various Texas alco- it was not afforded by the statute. holic beverage rules and regulations Again, the Supreme Court followed dealing with advertising and distribu- the law, as it was written and tion).
9 *See The Center for Alcohol Pol- intended by the Michigan icy, http:// Legislature. symposium/. Page 4. PROFESSIONAL EVENTS. ATTORNEYS PARTICIPATE IN judges, including Judge Laura FALL SPEAKER SEMINAR. INSURANCE SEMINAR Baird, Judge Clinton Canady III, Judge David Jordon and Judge On Friday, October 12, On Monday, September 24, Frank DeLuca, attended to show several attorneys from the Hos- several attorneys from our firm par- their support for women attorneys pitality and Alcohol Beverage ticipated in the 10th Annual Claims in the area. Firm Attorney Torree Group presented a business Seminar, sponsored by the Insur- Breen, President of the organiza- seminar to Michigan liquor ance Institute of Michigan. Over tion, coordinated the event, which licensees. The event was held 70 insurance adjusters and other was well attended by persons at the East Lansing Marriott. members of the insurance industry interested in supporting the were in attendance.
10 Topics in- equality and promotion of women Topics included: cluded: Fire Claims, 12% Penalty in the legal profession. You've Earned It, Now Keep Interest Under Chapter 20 (Torree The Mid-Michigan Chapter It: Estate Planning to Pro- Breen), Retrenchment on Pollution of Women Lawyers has over 40 tect Your Business Exclusions (John Yeager), Supreme members and regularly meets for Court Case Update Including Joy- social mixers throughout the year. Buying and Selling Your riding and More (Kim Hillock and The next scheduled event is the Licensed Businesses: What David Nelson) and Advertising In- Stell Reception at the Kellogg You Need to Know jury Coverage for House Plans Center on October 25, 2012. At the (John Yeager). Attorneys from Stell Reception, Judge David When Municipal Law Willingham & Cot , , have Jordon will be honored for his Collides with the Liquor been recognized by the Insurance commitment to the furtherance of Control Law, Who Wins?