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LACHES

Protecting Your Clients’ Nests in Michigan with a Lady Bird Deed

Navigating Digital Asset Management

Estate Planning and Care Coordination Go Hand in Hand

LACHES

OAKLAND COUNTY BAR ASSOCIATION

1760 S. Telegraph Road, Suite 100

Bloomﬁeld Hills, Michigan 48302-0181

(248) 334-3400 • FAX (248) 334-7757 www.ocba.org

2025-2026 BOARD OF DIRECTORS

PRESIDENT

Sarah E. Kuchon

PRESIDENT-ELECT

Aaron V. Burrell

VICE PRESIDENT

Kari L. Melkonian

TREASURER

Victoria B. King

SECRETARY

Syeda F. Davidson

EXECUTIVE DIRECTOR

Jennifer Quick

LACHES EDITORIAL BOARD

Victoria B. King

Syeda F. Davidson

Coryelle E. Christie

DIRECTORS

Julie L. Kosovec

Emily E. Long

Jennifer L. Lord

Moheeb H. Murray

Kimberley Ann Ward

Layne A. Sakwa

Silvia A. Mansoor

Stephen T. McKenney

James A. Martone

Jennifer J. Henderson

DELEGATE

James W. Low

Lanita L. Carter

Thamara E. Sordo-Vieira

FEATURES

Protecting Your Clients’ Nests in Michigan with a Lady Bird Deed

The Lady Bird deed is an increasingly popular estate planning option for Michigan real estate owners. ByAndrewJ.Lorelli 11

Navigating Digital Asset Management in Michigan

As digital assets become central to estates, attorneys must be equipped to guide clients through this terrain.

Planning and Care Coordination Go Hand in Hand

care coordinators are pivotal

Articles and letters that appear in LACHES do not necessarily reﬂect the ofﬁcial position of the Oakland County Bar Association, and their publication does not constitute an endorsement of views that may be expressed. Readers are invited to address their own comments and opinions to:

LACHES | Oakland County Bar Association 1760 S. Telegraph Rd., Ste. 100 Bloomﬁeld Hills, MI 48302-0181

Publicationandeditingareatthediscretionoftheeditor. THE MISSION OF THE OAKLAND COUNTY BAR ASSOCIATION IS TO SERVE THE PROFESSIONAL NEEDS OF OUR MEMBERS, IMPROVE THE JUSTICE SYSTEM AND ENSURE THE DELIVERY OF QUALITY LEGAL SERVICES TO THE PUBLIC.

LACHES (ISSN 010765) is the monthly (except July and December) publication of the Oakland County Bar Association, a Michigan nonproﬁt corporation, 1760 S. Telegraph, Ste. 100, Bloomﬁeld Hills, MI 48302-0181.

Oakland County Bar Association, 1760 S. Telegraph, Ste. 100, Bloomﬁeld Hills, MI 48302-0181.

As a personal injury attorney, I’ve built a career standing beside people in their darkest moments. I’ve seen lives shattered in an instant — derailed by forces beyond their control. I’ve walked clients through grief, uncertainty, and the path toward rebuilding. Each case reminds me how swiftly everything can change. I’ve represented families mourning a loved one and individuals whose lives were transformed by sudden, irreversible injury. Their stories linger with me. They’ve taught me that life’s meaning isn’t rooted in predictability or perfection, but in resilience, connection, and compassion.

Helping my clients reclaim a sense of dignity, stability, and hope after trauma has deepened my respect for the strength of the human spirit. For me, legal victories matter, but they are only part of the equation. What matters just as much is holding space for and being present with people as they confront the raw truth of loss and begin to chart a new way forward.

MORTALITY AS A CATALYST FOR REFLECTION

The arc of human life moves through transitions — from childhood to adulthood to elderhood. Along the way, we seek connection, purpose, and understanding. At some point, whether through personal experience or professional exposure, we are all confronted with the inescapable truth of our mortality.

Life often unfolds quickly, driven by routines that leave little room for introspection. But when a life-threatening event occurs — a serious illness, a near-fatal accident, or a moment of existential threat — time stops. These moments force us to ask questions we usually avoid: Why am I here? What really matters? What do I want to do with the time I have left?

Recently, I experienced events in my personal life that again reminded me how quickly everything can change. As I waited through long hours of uncertainty, I found myself staring down the same fragility I help my clients face. The anxiety was real, raw, and deeply unsettling.

Living with Death in Mind

By Sarah E. Kuchon

It wasn’t a legal problem to be solved; it was a human truth to be acknowledged.

THE LEGAL PROFESSION AND DEATH

In the legal world, particularly in fields like personal injury, probate, and elder law, we encounter death regularly. Our professional training often leads us to compartmentalize. We get clinical. We detach. The emotional distance serves a purpose — our clients need our clarity when they are overwhelmed.

However, we rarely give ourselves the space to process the emotional weight of what we witness. A widow navigating her first holiday alone. A parent balancing their own grief while comforting a child. A client quietly terrified that

dementia will strip away their autonomy. Their fears echo our own, even if we rarely say it aloud.

Most of us would say we don’t think about death often. But beneath the surface, it’s always there shaping our choices. The question is not if death affects us but how, and that leads us to an important inquiry: Why do we fear death so much?

UNDERSTANDING DEATH ANXIETY

Psychologist Ernest Becker, in his seminal work

The Denial of Death, argued that much of human behavior is driven by a deep, often unconscious fear of mortality. Known as “death anxiety,” this fear manifests in various ways — obsessions with youth, compulsive productivity, materialism, or existential despair.

As we age, this anxiety can intensify — not only because of physical decline, but because time itself becomes more finite. e shrinking horizon prompts reflection: What have I done with my life? What remains? Some cope by clinging to youth. Others channel fear into legacy. And some, like the musician Prince, transform anxiety into bold, joyful defiance. In his song “Let’s Go Crazy,” Prince opens with a eulogylike invocation: “Dearly beloved, we are gathered here today to get through this thing called life.” I find these lyrics often echoing through my brain. Getting through this thing called life is a familiar mantra. Sometimes, getting through is all we can do, but when this becomes our norm, we are no longer thriving. We are simply surviving.

COPING MECHANISMS: FROM DENIAL TO MEANING

ere is no single way to manage death anxiety. Some people cope through denial — avoiding conversations about aging or illness, staying perpetually busy, or ﬁxating on surface-level pursuits. Our culture reinforces this with euphemisms like “passing away” and the idolization of youth.

Denial, however, only offers temporary relief. It prevents deeper reflection and can leave us unprepared for life’s inevitable losses. Grief, when faced honestly, can become fertile ground for change. I’ve seen clients find startling clarity in its aftermath. is clarity came to me during recent events. It shattered the illusion of immunity. It was no longer something that just happened to other people. I could not deny it. It reminded me of Prince’s lyric: “We’re all excited, but we don’t know why. Maybe it’s ’cause we’re all gonna die.” However, instead of despair, Prince offers an alternative: live now. “If de-elevator tries to bring you down, go crazy, punch a higher oor. … Are we going to let de-elevator bring us down? Oh no, let’s go.”

For many, religion offers solace. Belief in an afterlife, reincarnation, or divine reunion can ease the fear of death and provide a structure for living well. Spiritual worldviews often frame aging not as diminishment but as sacred evolution. ey encourage people to reflect, forgive, and find peace. ose grounded in faith may experience aging with less resistance — seeing it as the ripening of the soul rather than the withering of the body.

For the secular or nonreligious, psychological frameworks like Viktor Frankl’s “logotherapy” offer an alternative. A Holocaust survivor, Frankl believed that life’s deepest suffering can be endured if we find meaning in it. “He who has a why to live for,” he wrote, quoting Nietzsche, “can bear with almost any how.”

I’ve seen this with my clients. ey can’t undo their injuries or loss — but they can choose how they respond. is reclaiming of agency is powerful. It transforms victimhood into resilience. It reminds us that meaning evolves. In youth, we seek potential. In midlife, purpose. In old age, perspective and peace.

Another pathway is mindfulness — the practice of being fully present. When we anchor ourselves in the now, the fear of the future loses its grip. Each moment becomes more vivid, more precious.

Mindfulness reframes aging not as decline, but as deepening awareness. Breath work, meditation, and gratitude practices can center us in the reality of the present — where peace is found not in control but in acceptance. Prince captured this perspective when he sang: “Life is just a party, and parties weren’t meant to last.” e goal isn’t to mourn that the party ends — but to dance while it’s happening.

CHOOSING HOW WE LIVE

ere is no avoiding death. e question is: How do we want to live until then? How do we create purpose in the time we have? While we can’t control life’s external events, we can control how we respond to them.

Whether through faith, philosophy, creativity, or presence, we all have the power to face death — not with dread, but with intention. Living with death in mind can be a powerful motivator. It teaches us to cherish time, to connect more deeply, to love more ﬁercely, and to act with purpose.

Prince reminds us that life is short and sacred. Frankl reminds us that meaning gives life weight. My clients remind me every day that it’s not just legal outcomes that matter — but love, regret, forgiveness, and hope. ese don’t show up on a balance sheet, but they are the essence of what makes us human.

So let us age not with anxiety but with deﬁance, grace, and laughter. Let’s go crazy — not to escape death, but to honor life. We are gathered here today not just to get through this thing called life — but to live it with purpose, presence, and passion.

Sarah E. Kuchon is the president of the Oakland County Bar Association.

2025 STATE OF THE BAR: Looking Back and Moving Forward

By Jennifer Quick

As is tradition, I’m using my August column to provide members with an update on the state of the Oakland County Bar Association and a summary of the 2024-25 bar year.

By many accounts, 2024-25 was a highly successful year. From our annual Holiday Gala to the dynamic biennial Circuit-Probate Court Bench/Bar Conference to the celebratory Annual Meeting & Awards Ceremony, it’s always energizing to see our members reconnect, form new relationships, and enjoy time with their colleagues.

Our committees continued to meet mostly virtually, though many incorporated in-person gatherings to foster the face-to-face interaction that is so vital to relationship building. ese groups delivered substantive meetings, timely seminars, and impactful public service programs — from the annual Youth Law Conference to Senior Law Day events and veteran support initiatives.

On the membership front, we faced some challenges. Our retention rate declined from the previous year, and we did not attract as many new members as anticipated. As of this writing, we expect to close the 2024-25 bar year with approximately 100 fewer members than we began with. is prompted the board to take a deeper look at how the OCBA can better meet members’ needs and foster greater engagement.

To assist in that eﬀort, we hired an outside consultant to conduct both qualitative and quantitative research, including benchmarking, surveys, one-on-one interviews, and focus groups. e insights gathered were invaluable, and we sincerely thank all who participated.

Armed with this data, the OCBA board of directors wrapped up the year with a full-day strategic planning session. e board established clear goals and priorities for the next two to three years, along with action plans to achieve them. While change takes time, the results of this work will be thoughtful, impactful enhancements to our programs, communications, and member beneﬁts. I look forward

to unveiling these improvements throughout the coming year.

One change already underway is in the delivery of more high-quality seminars to further enrich our lineup of professional development opportunities — including the Inns of Court, bench/bar conferences, Luncheon Limines, and our second annual New Lawyer Boot Camp. Be sure to check the Professional Development & CLE Opportunities page in LACHES each month for upcoming seminars you won’t want to miss.

Financially, the OCBA continues to feel the impact of declining case evaluations being referred from district court. However, we’ve offset much of this loss by increasing revenue in other areas — notably through the launch of the OCBA Mediation Service — and by reducing expenses. We anticipate that, once completed, our audited financial statements for 2024-25 will show a loss for the year, though more than $40,000 of that reflects depreciation, meaning there is no actual cash loss.

None of these accomplishments would have been possible without the guidance and commitment of the OCBA Executive Board, board of directors, and committee chairs and vice chairs — all under the outstanding leadership of President Dean Googasian. I’m grateful for Dean’s strong leadership and steadfast dedication to the organization. I will truly miss working alongside him.

Do you know a fellow attorney or legal professional who would beneﬁt from OCBA membership? Invite them to attend a committee meeting or join you at an event. They’ll be glad you did — and so will we.

I also want to express my appreciation to two outgoing board members, Ken Neuman and Jonathan Frank, who chose not to seek another term. eir contributions — particu-

larly their ﬁnancial expertise and knowledge of alternative dispute resolution best practices — were instrumental in developing our investment policy and launching the mediation service.

Dean, Ken, and Jonathan have been succeeded by three new board members: Stephen McKenney, James Martone, and Jennifer Henderson. I welcome them to the board. In the short time I’ve worked with them, it has become clear they will make a strong impact.

While I’m deeply grateful for the leadership and creativity of our board and committee chairs, none of this year’s progress would have been possible without our hardworking, dedicated staff. is year brought many changes, and several staff members took on new responsibilities. Each one rose to the challenge, and I’m confident they will continue to do so in 2025-26.

ank you, Katie, Sue, Mayly, Lori, Janise, Shanay, MB, and Cristin!

As we look ahead to 2025-26, our focus will return to growing membership and carrying out our strategic plan. We need your help. Most people join their local bar association because someone invited or encouraged them. If our events, programs, and services have provided value to your career, we ask you to spread the word. More members means more resources — and more opportunities to serve you.

Do you know a fellow attorney or legal professional who would beneﬁt from OCBA membership? Invite them to attend a committee meeting or join you at an event. ey’ll be glad you did — and so will we.

Finally, thank you. I appreciate your continued support and membership in the OCBA. I know that joining is optional, and I strive every day to provide value to you through quality programming, events, and services. Please don’t hesitate to reach out if there’s more that I can do to support you.

Jennifer Quick is the executive director of the Oakland County Bar Association.

CALENDAR OF EVENTS

Please Note: Dates listed below were sent to the publisher on June 2, 2025. It is possible that some of the events listed below have since been altered. Please check ocba.org/events for the most up-to-date schedule of events.

AUGUST

BAR NIGHT OUT MIXER

Join us from 5:30 to 7:30 p.m. for another great opportunity to mix and mingle with fellow bar members while enjoying appetizers and a cash bar. This event is free for OCBA members and space is limited, so register today at ocba.org/events

SEPTEMBER

OCBA OFFICE CLOSED IN OBSERVANCE OF LABOR DAY 1

MEMBERSHIP MAXIMIZER

Want to get more out of your OCBA membership? Hoping to expand your professional network? Then join us at 8:45 a.m. at the OCBA, and our staff will show you how to get the most value for your money and how your membership can help you grow professionally. Plus, we leave plenty of time to meet and network with your fellow members. RSVP at ocba.org/events

Join us for an engaging seminar exploring the vital role attorneys play in defending the rule of law in today’s complex legal and political landscape. Featuring distinguished speakers Daniel D. Quick, former president of both the Oakland County Bar Association and the State Bar of Michigan, and Barbara L. McQuade, former U.S. attorney and legal analyst, the program will delve into the ethical and civic responsibilities of lawyers as guardians of justice. Attendees will also have the opportunity to hear from Ms. McQuade about her acclaimed book, Attack from Within, with copies available for purchase and a book signing to follow. Register at ocba.org/events 17

THE RULE OF LAW IN PRACTICE: Lawyers’ Role in Preserving the Rule of Law

SUSTAINING MEMBER RECEPTION

OCBA Sustaining Members are cordially invited to this special event to honor and show appreciation for the dedication and commitment of our Sustaining Member supporters. This reception is invitation only and free to Sustaining Members. To learn more about the Sustaining Member program, visit ocba.org/ sustaining or contact Katie Tillinger at ktillinger@ocba.org

AUGUST

19 District Court: Criminal Issues (Noon – 1 p.m.)

A seminar for criminal defense appointed counsel

Presenter: Paulette M. Loftin, Esq., Chief Public Defender, and Harold A. Downer Jr., Esq., Oakland

County Public Defender’s Ofﬁce

This Zoom seminar will provide an overview on a variety of issues: bond, nonserious misdemeanors, sentencing, probation violations, ability-to-pay hearings, and more. A Q&A session will follow the presentation.

Worth 1 hour of criminal and juvenile training credit for appointed counsel

21 Ethics I: Understanding the Attorney Disciplinary Process in Michigan (Noon – 1 p.m.)

A seminar from the Professional Development Committee

Presenter: Professor Martha D. Moore, Esq., Cooley Law School

This virtual seminar offers a concise and informative overview of how attorney discipline is administered in the state, including a primer on the roles and responsibilities of the Michigan Attorney Grievance Commission and the Michigan Attorney Discipline Board. It will also outline the steps involved in the disciplinary process and highlight key procedural considerations for attorneys. Ideal for legal professionals seeking to better understand the system, the session aims to promote ethical practice and awareness of professional responsibility requirements in Michigan.

SEPTEMBER

9 Ethics II: Avoiding Bar Complaints and Attorney Discipline (5:30 – 7 p.m.)

A seminar from the Professional Development Committee

Presenter: Professor Martha D. Moore, Esq., Cooley Law School

Join us for part two of the Ethics series! This in-person seminar offers advice and tips to avoid complaints and discipline issues. Ideal for legal professionals seeking to better understand the system, the session aims to promote ethical practice and awareness of professional responsibility requirements in Michigan.

11 Interlocutory Appeals for Trial Lawyers (Noon – 1 p.m.)

A seminar for criminal defense appointed counsel

Presenter: Kathy Swedlow, Esq., State Appellate Defender Ofﬁce

Are you stymied or intimidated by the prospect of ﬁling interlocutory appeal? This Zoom training is for you! In this training, attendees will receive an overview of interlocutory appeals, learn about deadline and ﬁling requirements, and get necessary information to help advise clients. We will cover appeals from the district courts to the circuit courts and appeals from the circuit courts to the Court of Appeals.

Worth 1 hour of criminal and juvenile training credit for appointed counsel

17 The Rule of Law in Practice: Lawyers’ Role in Preserving the Rule of Law (5:30 – 7:30 p.m.)

A seminar from the Professional Development Committee

Presenters: Barbara L. McQuade, Esq., University of Michigan Law School, and Daniel D. Quick, Esq., Dickinson Wright

•

HEA LTH CA RE

LA W FI RM

Wachler & Associates represents healthcare providers, suppliers, and other entities and individuals in Michigan and nationwide in all areas of health law including, but not limited to:

•Healthcare Corporate and Transactional Matters, including Contracts, Corporate For mation, Mergers, Sales/Acquisitions, and Joint Ventures

•Medicare, Medicaid, and Other Third-Party Payor Audits and Claim Denials

•Licensure, Staff Privilege, and Credentialing Matters

•Provider Contracts

•Licensure, Staff Privilege, and Credentialing Matters

•Billing and Reimbursement Issues

•Provider Contracts

•Billing and Reimbursement Issues

•Stark Law, Anti-Kickback Statute (AKS), and Fraud & Abuse Law Compliance

•Physician and Physician Group Issues

•Stark Law, Anti-Kickback Statute (AKS), and Fraud & Abuse Law Compliance

•Physician and Physician Group Issues

• Regulatory Compliance

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• Regulatory Compliance

•Provider Participation/Ter mination Matters

•Corporate Practice of Medicine Issues

•Provider Participation/Ter mination Matters

• Healthcare Litigation

• Healthcare Investigations

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•Civil and Criminal Healthcare Fraud

• Healthcare Investigations

•Civil and Criminal Healthcare Fraud

•Medicare and Medicaid Suspensions, Revocations, and Exclusions

•HIPAA, HITECH, 42 CFR Part 2, and Other Privacy Law Compliance

Mathew Kobliska

• Enforcement of equity award agreements and minority shareholder rights

• Defending against mobility-killing non-compete and non-solicitation contracts

• Separation agreement reviews and severance negotiations

Protecting Your Clients’ Nests in Michigan with a Lady Bird Deed

By Andrew J. Lorelli

INTRODUCTION

It has long been a cliché to say that homeownership is part of the American dream. For most Americans, if they own a home, it is likely among their most valuable assets. As such, real estate considerations are often a critical part of an estate plan, and they provide a tremendous opportunity for an attorney to add value for a client. There are a wide variety of options for an estate planning attorney, from joint tenancy, to a simple will, to a real estate trust, to an irrevocable asset protection trust. However, there is another, increasingly popular option for Michigan real estate owners: the Lady Bird deed.

The Lady Bird deed (also known as an “enhanced life estate deed”) allows homeowners to retain control over their property during their lifetime while ensuring a seamless transfer upon death. Supposedly named after Lady Bird Johnson, wife of former President Lyndon B. Johnson, this type of deed is a popular choice among Michigan residents looking to avoid probate, reduce estate administration costs, and protect assets from Medicaid estate recovery. This article explores the legal basis of Lady Bird deeds in Michigan, how they operate, the advantages of using them, some limitations and risks, and practical considerations for attorneys.

BASIS IN MICHIGAN LAW

Michigan courts have long recognized Lady Bird deeds as valid legal instruments, especially for the grantor’s reserved right to do almost anything they want with the property during their life tenancy.1 Interestingly, however, Michigan is one of only a handful of states to recognize the validity of Lady Bird deeds (the others being Florida, Texas, Vermont, and West Virginia).

One of the defining characteristics of the Lady Bird deed is the life tenancy for the grantor. Standard 9.3 of the Michigan Land Title Standards includes in the grantor’s interest a “power to convey.” Contrast this with your regular, garden-variety life tenancy, where the life tenant may only live in the residence, occupy the premises, and use it for their own benefit and has no unilateral authority to sell, transfer, or otherwise dispose of the property.

However, with a Lady Bird deed, the lifetime “power to convey” under Standard 9.3 is technically a power of appointment under the Michigan Powers of Appointment Act.2 Often cited in the actual deed itself, Standard 9.3

permits the life tenant to do whatever they want with the property during the life tenancy. Unlike other life estate deeds, which require the tenant to obtain the remainder beneficiaries’ consent to sell or mortgage the property, a Lady Bird deed allows the owner to retain full control over the property during their lifetime. This means the homeowner can sell, refinance, or transfer the property without the involvement of the named beneficiaries.

AVOIDING PROBATE WITH A LADY BIRD DEED

One of the primary benefits of a Lady Bird deed is its ability to bypass probate, an often lengthy and complicated process to transfer a decedent’s estate to the rightful heirs or devisees. The grantor of a Lady Bird deed will designate a remainder beneficiary who will automatically receive title to the property upon the owner’s death. The transfer happens outside of probate because the decedent does not own any interest in the property at the time of death.

As any probate practitioner will tell you, one of the most difficult tasks can be to transfer real property out of a decedent’s estate. Even in unsupervised estates, the probate court might formally restrict the personal representative’s ability to convey real estate without prior court approval. Even for a simple transfer or sale, such restrictions would require the personal representative to file a petition with the court, include the terms of the transfer or sale and a copy of the purchase agreement (if there is one), schedule a hearing, notify all interested persons (any of whom will have the opportunity to object), and obtain a signed, certified order from the judge.

If that sounds like a hassle, that is because it is. Keep in mind, too, that a signed order from a

judge is simply permission to transfer the property. The personal representative still might need to send the certified order to the title company, schedule a closing, record the documents with the register of deeds, and receive the net proceeds. This all assumes, of course, that the original purchaser has not backed out of the original agreement, even after entry of the judge’s order approving the sale. The author can confirm from personal experience that such things do happen.

Of course, the idea of a Lady Bird deed is to avoid probate. The process operates similarly in principle to claiming life insurance proceeds: You submit a claim form and proof of death, and the life insurance company issues a check for the proceeds to the named beneficiaries, without probate court involvement and the accompanying time and expense. With a Lady Bird deed, the remainder beneficiary can simply record the decedent’s death certificate with the county register of deeds and thereby receive title. The remainder beneficiary would not need permission to do so, nor would they need to open a probate estate and notify creditors.

MEDICAID AND ESTATE RECOVERY ISSUES

In addition to probate avoidance, a significant concern for many Michigan residents is the impact of Medicaid’s estate recovery program, which seeks to recoup costs paid by Medicaid for long-term care from a recipient’s estate after their death.3 Without proper estate planning, a home can be subject to Medicaid estate recovery, potentially forcing heirs to sell the property to settle the claim.

However, it is important to note that the Michigan Medicaid estate recovery program applies only to estate assets.4 It does not apply to assets owned by the decedent only during their lifetime. Stated simply, if the asset would transfer through the probate process, it is subject to estate recovery. Therefore, a Lady Bird deed can be an effective strategy to protect a home from Medicaid estate recovery in Michigan. Since the property does not go through probate and remains outside of the Medicaid recipient’s probate estate at death, it is generally not subject to recovery claims. This allows individuals who require Medicaid benefits to retain their home’s value for their heirs while still qualifying for government assistance. All of this assumes, of course, proper drafting and execution of the Lady Bird deed in compliance with eligibility standards, such a discussion being beyond the scope of this article.

TAX BENEFITS

In addition to probate and Medicaid estate recovery avoidance, the delayed transfer of title to a remainder beneficiary upon the death of the

owner provides several tax benefits. First, there is the so-called step up in basis for the remainder beneficiary, who receives the asset with a tax cost basis equal to the fair market value of the property at the time of death.5 Because the beneficiary receives it “by reason of death,” federal law permits the step up in basis, enabling the remainder beneficiary (the new owner) to sell the property later on and reduce the taxable gain from the sale. e second tax benefit relates to the grantor’s principal residence exemption. Remember the discussion above about the enhanced life estate, where the grantor conveys it to themselves, for life, with an unrestricted ability to convey, sell, or otherwise transfer the property. e grantor of the Lady Bird deed may keep the principal residence exemption, if it applies. en, only upon the grantor’s death does the property transfer to the remainder beneficiary. Michigan tax law does not treat this at-death transfer as a transfer of ownership that would uncap the property’s taxable value.6

LIMITATIONS, RISKS, AND OTHER CONSIDERATIONS

While Lady Bird deeds oﬀer numerous beneﬁts, they have their own limitations and risks:

1. Title Insurance and Mortgage Complications: Some title insurance companies may have reservations about insuring properties transferred via Lady Bird deeds, particularly if the remainder beneﬁciaries need to reﬁnance or sell the property immediately after the owner’s death. is problem appears to be on the decline in recent years as these companies become more accustomed to Lady Bird deeds. But issues might arise if you are working with out-of-state entities.

2. Unintended Consequences: If the remainder beneﬁciary predeceases the homeowner and no contingency plan is in place, the property may end up in probate, defeating the deed’s purpose. Additionally, upon the homeowner’s death, the remainder beneﬁciary immediately becomes the new owner, who then must update the homeowners insurance. Failure to do so timely may cause a gap in coverage.

3. Creditor Claims: Although Lady Bird deeds can shield a home from Medicaid estate recovery, they may not protect the estate from all creditor claims. Michigan law provides that both a trust and “other nonprobate transfers” may be liable for claims and allowances.7

4. Potential Family Disputes: Where multiple remainder beneficiaries are named, disagreements may arise over property use or potential sale. Unlike a trust, which allows for structured management and dispute resolution, a Lady Bird deed provides little to no guidance on handling conflicts among beneficiaries. An estate planning attorney can add tremendous value to the client by discussing potential issues with the grantor before the deed is signed.

5. Medicaid Eligibility Risks: While a Lady Bird deed does not count as an asset for Medicaid eligibility purposes, improper structuring or additional transfers could aﬀect beneﬁts. Consulting with an experienced elder law attorney is crucial to ensure compliance with Medicaid regulations.

CONCLUSION

Lady Bird deeds provide Michigan homeowners with a powerful estate planning tool that allows them to retain control over their property while ensuring a smooth transition to heirs without probate complications. eir enforceability has been upheld in estate and real estate transactions, making them a trusted method for property transfer. eir benefits include cost savings, tax benefits for the grantor and beneficiary, protection from Medicaid estate recovery, and simplicity in execution. However, potential legal risks and unintended consequences underscore the

importance of careful planning and professional legal guidance. As the largest transfer of wealth in history continues in this country, the surge in popularity of Lady Bird deeds in Michigan is likely to continue.

Andrew J. Lorelli is an associate at Plunkett Cooney (Bloom eld Hills). He focuses his practice on estate planning, probate and trust administration, and probate litigation. He is a member of the OCBA Probate, Estate and Trust Committee, as well as the Veterans Law Committee.

A former active-duty judge advocate in the U.S. Marine Corps, he also currently serves as chair-elect of the State Bar of Michigan Military & Veterans’ Law Section and is a member of the Probate & Estate Planning Section.

Footnotes:

1. Bill & Dena Brown Trust v Garcia, 312 Mich App 684, 687; 880 NW2d 269 (2015).

2. MCL 556.111 et seq

3. MCL 400.112g.

4. MCL 400.112h.

5. 26 USC 1014(a)(1).

6. Michigan State Tax Commission, Transfer of Ownership Guidelines (revised February 25, 2025), available at https://www.michigan.gov/treasury.

7. MCL 700.3805(3).

Navigating Digital Asset Management in Michigan

By Matthew Haupt

Estate planning has traditionally emphasized distribution of physical property and management of financial accounts. Today, however, these asset categories represent only a portion of the current asset landscape. Digital assets, such as cryptocurrency, email archives, social media content, and domain names, are now an integral part of daily life. For a large number of clients, these digital assets can carry more personal or monetary value and importance than their physical property.

Yet despite how frequently clients interact with digital property, these assets are often overlooked in estate planning conversations. This oversight creates significant problems when families lose access to sentimental digital content or face delays in estate administration due to locked accounts and restrictive terms of service. The gap between how people utilize digital assets and how they plan for their distribution is becoming harder to ignore.

This article examines the expanding scope of digital asset planning, explains how Michigan’s Fiduciary Access to Digital Assets Act operates in practice, and offers guidance on drafting strategies and tools that estate planners should implement with their clients.

THE DIGITAL REVOLUTION IN ESTATE PLANNING

What constitutes a “digital asset” isn’t left to interpretation in Michigan. The state’s Fiduciary Access to Digital Assets Act precisely defines it as “an electronic record in which a user has a right or interest” (MCL 700.1002(j)). This deliberate scope extends far beyond cryptocurrency or online financial accounts. Your client’s Facebook statuses, Gmail archives, cloud photo libraries, and even subscription services fall squarely within this statutory definition, assets many clients interact with daily but rarely consider part of their estate.

The timing is critical. Millennials, who came of age during the internet revolution, stand to inherit more than $90 trillion from baby boomers in the coming decades, according to Knight Frank. Unlike previous generations’ assets, theirs straddle two worlds: traditional holdings alongside complex digital portfolios that conventional estate planning never anticipated.

These clients maintain expansive digital lives with wealth distributed between physical assets and intangible holdings like cryptocurrency, intellectual property, NFTs (non-fungible tokens), and monetized online content. Where earlier generations focused on passing down physical heirlooms, today’s clients worry about preserving sentimental digital assets that existing frameworks often fail to address, such as digital photo albums, blogs, and social media memories.

The courts are increasingly recognizing a fundamental shift in what constitutes wealth. Many clients have digital assets worth more than their physical property, yet they’ve given zero thought to what happens to these assets when they die.

MICHIGAN’S FRAMEWORK: FADAA IN ACTION

When Michigan adopted the Fiduciary Access to Digital Assets Act (FADAA) in 2016, it

wasn’t just following a trend; it was acknowledging a fundamental shift in how we own and transfer property. Based on the Revised Uniform Fiduciary Access to Digital Assets Act, our state’s approach strikes a delicate balance between fiduciary powers and privacy protections that every estate planning attorney should understand.

The statute establishes a clear hierarchy that courts will follow when determining who can access what:

1. Online Tools Take Priority: The client’s explicit choices through online tools get first consideration. Think of Google’s Inactive Account Manager or Facebook’s Legacy Contacts as digital estate planning instruments with statutory muscle behind them.

2. Traditional Documents Come Second: When online designations don’t exist, traditional estate planning documents take center stage. Properly drafted wills, trusts, and powers of attorney can grant fiduciaries the keys to a client’s digital kingdom.

3. Terms of Service as Fallback: Only when both of these fail do terms-of-service agreements become the controlling authority, often with restrictive consequences for fiduciaries.

Here’s where practitioners need to pay close attention: Without specific authorization, fiduciaries may receive only the “catalog” of communications, essentially metadata showing who communicated with whom and when. The actual content could remain off-limits. It’s like giving someone access to your client’s mailbox but not permission to open the letters, a distinction that can greatly impact estate administration.

Michigan practitioners regularly encounter families struggling to access photos, correspondence, even financial records because the proper authorizations weren’t in place. It becomes a difficult conversation to inform a grieving widow that her husband’s email, containing years of family history, is inaccessible because it wasn’t addressed in his estate plan.

DRAFTING DIGITAL-READY ESTATE PLANS

Standard estate planning documents often fall short when addressing digital assets. Without specific and legally sound authorizations, fiduciaries may find themselves unable to access critical accounts or manage digital property effectively under Michigan’s FADAA.

To navigate this complexity, attorneys must incorporate clear, targeted language into core estate planning documents:

Wills and Trusts: Personal representatives or trustees should be expressly granted the authority to access, manage, and dispose of digital assets. This may include managing cloud storage, social media accounts, cryptocurrency, or intellectual property stored online.

Durable Powers of Attorney: Agents acting during the client’s lifetime need specific authority to access digital communications, financial platforms, and electronic records. Without such authority, providers may deny access or allow only limited interaction under FADAA’s default provisions.

Michigan law honors the principle of user direction. If an individual gives lawful consent to a fiduciary through estate documents, and such directions are consistent with online service agreements and do not violate federal law (such as the Stored Communications Act or Computer Fraud and Abuse Act), the fiduciary’s rights are significantly expanded. As noted, failing to include specific authorization may limit fiduciaries to only metadata-level access under Michigan law.

Experienced estate planning attorneys recognize that the most effective digital asset provisions are specific without being overly rigid. The ideal approach accommodates the platforms and accounts we know today while remaining flexible enough to cover what might emerge tomorrow.

PRACTICAL CONSIDERATIONS FOR MICHIGAN PRACTITIONERS

The technical framework is just the beginning. Effective digital asset planning requires both legal precision and practical understanding of how these assets function.

Comprehensive Digital Inventory: Even with robust legal documents in place, estate planning for digital assets often fails in practice due to one simple issue: No one knows what exists or how to access it. A critical component of digital estate planning is creating a comprehensive digital asset inventory.

A digital inventory isn’t just helpful; it can be crucial. Michigan’s FADAA authorizes fiduciaries to manage digital property, but service providers will often require additional information to verify the fiduciary’s authority and identify specific assets. Without a clear list of accounts, platforms, or devices, even a legally empowered fiduciary may face major roadblocks.

Start by helping clients create a detailed inventory of their digital footprint. Encourage them to document:

• Social media profiles (personal and business).

• Email accounts (containing everything from

family photos to tax records).

• Cloud storage accounts (Google Drive, Dropbox, iCloud).

• Website domains and hosting accounts.

• Digital media libraries (purchased music, movies, e-books).

• Online subscription services.

• Cryptocurrency wallets and exchanges.

• Gaming accounts and digital collectibles.

• Loyalty program points and miles.

Critically, this inventory should include instructions for locating access credentials but not the passwords or keys themselves. For security reasons, actual login information should be stored separately in a secure location, such as a password manager or a physical document held in a safe or with the estate attorney. Even with a complete inventory, access depends on the platforms themselves.

Platform-Speci c Tools: Beyond estate documents and asset inventories, major technology companies now oﬀer built-in tools to manage digital accounts after death. ese tools are increasingly important because, under Michigan’s FADAA, a user’s designation through an online platform takes legal precedence over contrary instructions in estate planning documents (MCL 700.1004(1)).

ree widely used tools include:

• Google’s Inactive Account Manager: Allows users to decide what happens to their account after a period of inactivity, including setting trusted contacts and determining what data those contacts can access.

• Facebook’s Legacy Contacts: Enables users to designate someone who can manage aspects of their proﬁle after their death, such as writing pinned posts and updating the proﬁle picture.

• Apple’s Digital Legacy: Permits users to appoint “Legacy Contacts” who can access certain data after their death with an access key and death certiﬁcate.

Each of these tools serves as a de facto digital estate planning mechanism. Under Michigan law, they function as “direction using an online tool” and override conﬂicting instructions in wills, trusts, or powers of attorney, unless the service agreement allows otherwise (MCL 700.1004(2)).

A common surprise for clients occurs when they learn that their extensive digital media collections cannot be transferred to beneﬁciaries. Explaining to clients that their iTunes library or Google Play digital movies cannot be transferred to their children often produces shock. Understanding these limitations is crucial for setting realistic expectations.

Client Education: A Critical Component: Many clients remain unaware of online tools that take statutory priority over their estate planning documents. Part of your role is educating them about:

• Platform-speciﬁc legacy planning options.

• e importance of documenting access credentials securely.

• Privacy implications of granting access to digital accounts.

• Limitations on transferability for digital purchases and subscriptions.

FIDUCIARY CHALLENGES AND LITIGATION RISKS

As the number of digital assets continues to grow, so too do the practical and legal challenges ﬁduciaries face in administering them. Even when digital assets are properly named in estate planning documents or managed through online tools, ﬁduciaries are often met with resistance from service providers that prioritize user privacy and data security over ease of access.

In Michigan, FADAA provides a statutory path for fiduciaries to request access. However, access is not guaranteed. Service providers often require specific documentation, including death certificates, letters of authority, and sometimes

court orders. If estate planning documents lack the precise statutory language required under MCL 700.1006 or MCL 700.1007, ﬁduciaries may receive only limited metadata rather than the full content of communications.

Litigation risks are growing in this area. Family members may challenge a ﬁduciary’s request for access, particularly if they believe sensitive information is at stake. Conversely, ﬁduciaries may bring actions against service providers that refuse to comply with access requests. Courts will increasingly interpret FADAA’s provisions as these disputes evolve.

THE ROAD AHEAD

As digital assets continue evolving, so too must our approach to estate planning. e growing mainstream adoption of cryptocurrency, the rise of NFTs as collectible assets, and the increasing presence of online businesses all signal that digital property is no longer secondary; it is becoming central to many clients’ estates.

Michigan attorneys who invest in this area position themselves at the forefront of a signiﬁcant evolution in estate planning practice. ose who can bridge traditional legal principles with modern digital realities will oﬀer clients a level of service that is both forward-thinking and deeply relevant.

e enactment of FADAA was an important step in aligning legal frameworks with changing definitions of property and ownership. But the real work lies in implementation. It is no longer sufficient to prepare a standard will or trust that omits online accounts, encrypted assets, or platform-specific preferences. Estate planning attorneys must be equipped to guide clients through the digital terrain with the same precision they bring to real estate or bank accounts. e digital revolution isn’t a future issue; it is already transforming how we plan, preserve, and pass on legacies. e question is no longer whether digital estate planning matters. e question is whether we’re ready to meet that need with clarity, strategy, and foresight.

Matt Haupt is an associate at Beier Howlett, where he focuses on estate planning and probate with a modern, client-centered approach. Drawing on 20 years in advertising and marketing, he values clarity over legalese and helps clients make con dent, informed decisions. He also serves on the Troy School District Board of Education, advocating for equity and positive real-world impact in public education. Haupt lives in Troy with his wife and two children.

Plunkett Cooney announces the recent addition of attorney James L. Frisch to the firm’s Medical Litigation practice group and Michael D. Calvert to its Transportation Law practice group in the Bloomfield Hills office.

An associate attorney, James L. Frisch concentrates his practice primarily in the area of medical malpractice defense. He represents health care organizations and private-practice professionals in complex medical malpractice claims and other personal injury and insurance claims throughout Michigan. He also represents health care providers in state licensing and regulatory matters. In addition to his medical litigation practice, Frisch has experience with first- and third-party motor vehicle negligence matters, having previously served as in-house counsel for a national auto insurer.

Admitted to practice law in state and federal courts in Michigan, Frisch is a member of the State Bar of Michigan and the American and Oakland County bar associations. Frisch received his law degree from the University of Detroit Mercy School of Law in 2019. While in law school, he served as a judicial clerk for the Honorable Linda S. Hallmark of the Oakland County Probate Court. He received his undergraduate degree from Central Michigan University in 2015.

Michael D. Calvert focuses his litigation practice on the defense of claims involving personal injury, automotive, premises, and general liability.

Calvert represents national insurers and policyholders in first- and third-party motor vehicle liability matters, as well as uninsured and underinsured motorist claims. He has successfully defended his clients in cases involving insurance fraud, failure to provide reasonable proof of loss, and other violations of insurance contracts. Calvert also has experience resolving premises liability claims.

A 2023 graduate from the Michigan State University College of Law, Calvert received his undergraduate degree from James Madison College at Michigan State University in 2019.

Butzel continues to grow with the addition of commercial litigation attorney Ryan C. Plecha. Plecha represents clients in a broad spectrum of legal disputes in a variety of industries. His fundamental belief is that law is a service-oriented profession, and he is committed to delivering excellent representation through trust and teamwork to secure favorable results.

Throughout his career, Plecha has navigated a vast array of complex, high-stakes legal matters, including cases of national significance. He is a trusted advocate when it comes to bet-the-company litigation, high-profile contract negotiations and disputes, shareholder and member conflicts, intricate construction disputes, and real estate matters.

His record includes successfully representing franchisors in arbitration proceedings against franchisees and litigating construction disputes with precision and skill. Additionally, Plecha has served as local counsel for matters pending in state and federal courts on behalf of some of the nation’s largest and most respected law firms.

He is a member of the State Bar of Michigan’s Business Law and Litigation sections; a member and Life Fellow of the Oakland County Bar Association and Foundation; a member of the Federal Bar Association’s Eastern District of Michigan Chapter; a member and Fellow of the Detroit Bar Association; and a former trustee of the Detroit Bar Foundation, to name a few of his affiliations.

Butzel is also excited to announce that shareholder Sarah L. Nirenberg has been named to DBusiness magazine’s 2025 “30 in their Thirties,” which celebrates metro Detroit’s rising business professionals in their 30s who have made significant achievements in their respective fields, demonstrating leadership, innovation, and success.

Nirenberg represents employers involved in litigation pertinent to all areas of employment law, including statutory claims under federal and state law for discrimination, harassment, retaliation, and payment of wages. She also is experienced in the complex field of trade secret and noncompete litigation and serves as the co-chair of the firm’s Trade Secret and Non-Compete Specialty Team. In that role, she has advised the Michigan Legislature on noncompete reform and authored definitive legal treatises on Michigan restrictive covenants.

Nirenberg’s rapid rise and innovative approaches have earned her recognition from several prominent legal publications in the areas of labor and employment law and labor and employment litigation. Nirenberg earned a J.D., cum laude, in 2013 from the Washington University in St. Louis School of Law, where she served as an executive articles editor of the Jurisprudence Review. She graduated with a B.A. from Michigan State University’s James Madison College in 2009.

Beier Howlett proudly announces the promotion of Tracy Gaudenzi to partner. With a dedicated focus on municipal law, Beier Howlett represents numerous municipalities and public bodies across southeast Michigan. Gaudenzi has played a pivotal role as the lead prosecutor for the firm’s municipal clients. Her practice has expanded in recent years, and her responsibilities now encompass a wide range of complex municipal matters. She also specializes and has extensive experience in family law and criminal defense. Gaudenzi is proficient in conducting legal research, drafting and filing pleadings, and negotiating with opposing counsel.

Gaudenzi is a graduate of the University of Detroit Mercy School of Law, where she earned her Juris Doctorate. She was extremely active in extracurricular activities while at law school, including serving as a St. Thomas More Society board member, a Women’s Law Caucus member, and a moot court and mock trial competitor. She completed her undergraduate studies at Albion College, where she was on the dean’s list.

Estate Planning and Care Coordination Go Hand in

Hand

By Kristin Hughes

THE ART

CONNECTION: A Holistic Approach to Aging with Dignity

As we navigate the ever-evolving landscape of aging, the commitment to providing quality care and supportive partnerships to seniors and their families becomes increasingly vital. Historically, estate planning has focused on the postdeath disposition of assets and navigating the legal, tax, and financial changes that may arise. What has been overlooked is the significance of answering questions relating to the “here and now” and the “What if I need help?” scenario.

What value do your assets and postmortem plans have if they do not safeguard you first to achieve quality of life based on your preferred objectives and goals? Who will be your surrogate decision-maker, and is this person adequately prepared to step up and act seamlessly and effectively? What information does your surrogate decision-maker require to be effective and to implement your objectives and goals? Do they comprehend your wishes, intentions, and desires? Has this been thoroughly considered and organized for them?

An underutilized but imperative partnership is that of estate planning and care coordination. Estate planning attorneys and care coordinators are pivotal partners in crisis planning and management, collaborating to unify the legal and medical realms, ensuring both sectors communicate effectively. Estate planning attorneys know the law. Care coordinators, many of whom are nurses or physician assistants, know how to communicate with overwhelmed health care professionals and advocate for care continuity. This is especially crucial when families live far away or are juggling careers and young children. Such is the interwoven tapestry of life’s journey — a tapestry that foresees the need for estate planning to facilitate essential partnerships in the ever-evolving aging landscape.

CONNECTING THE DOTS: The Pointillism of Life and Legacy

The art of connecting — like a pointillism painting — demonstrates how individual dots, when placed carefully and intentionally, can transform into a beautiful image. Estate planning attorneys are the dot connectors — to individuals, their families, and other professionals, both medical and financial, who will support them and their vision. Each small, deliberate step builds a bigger, more vibrant picture of security, stability, and peace of mind. Just as an artist carefully places each dab of color to create light and depth, estate planning and care coordination come together to form a holistic picture of life planning. These precise details — like the fine motor skills required for painting — are essential for creating a strong foundation for aging well.

THE IMPORTANCE OF FINE MOTOR SKILLS IN AGING

Life would be vastly different if humans had not developed fine motor skills. From holding a toothbrush to cooking, dressing, or even sending a text message, these small, intricate movements define our independence. As we age, these skills often diminish, making everyday tasks more challenging and reinforcing the need for extra hands and compassionate support. Similarly,

estate planning is not just about preparing documents to be put in a binder; it is about the intricate steps that follow. The documents themselves will not perform as intended without ongoing discussion, dialogue, and planning. How the people named in these important documents are prepared and supported is a critical part of the estate planning process. Signing an estate plan is only the first step; the next hundred steps focus on how to deploy these plans in the real world. Preparing for the future requires thought, intention, and fine motor skills — it is a compassionate, responsible act that benefits both us and our loved ones.

Fine motor skills are significant; they are far from trivial.

CREATING A ‘PROFESSIONAL FAMILY’

The truth is, most families are not wired for surrogate decision-making. Emotional histories, geographic distance, and varying capabilities can make decision-making around aging and medical care feel fragmented at best. A lack of information often leads to decision-making fatigue or paralysis, resulting in an environment of chaos, stress, and emergency responses.

But there is a solution — with the integration of professional advocates like attorneys and care coordinators into the family system, something shifts. A “professional family” blends expertise with empathy, offering not just solutions but also support.

By forming strong lines of communication between professionals and the individual’s personal circle, a supportive structure is created. This collaboration isn’t just logistical; it’s deeply human. A well-coordinated professional team respects the individuality of each person’s journey while ensuring that vital details don’t fall through the cracks. When estate planning attorneys prioritize these interdisciplinary partnerships, individuals are offered more than legal advice; they are provided with coordinated implementation of legal documents resulting in peace of mind.

CARE COORDINATION TO HELP NAVIGATE THE PATH OF AGING

When discussing aging, we often consider legal documents, incapacity, medications, and housing arrangements as distinct and separate silos. The key element that unites them all is coordination. Estate planning attorneys and care coordinators become the rhythm keepers of an individual’s aging journey, ensuring every note is played at the right time.

The value this partnership brings is both practical and profound. Whether it’s preparing for a routine doctor’s visit or responding to a sudden health crisis, a care coordinator’s presence allows families to act instead of react. Their expertise spans everything from spotting expired food in the fridge to protecting seniors from financial exploitation — small details with big consequences.

According to the National Institute on Aging, older adults who receive coordinated care are more likely to have better outcomes and fewer hospitalizations.1 With flexible services tailored to need, care coordinators can step in more heavily during high-stress transitions or pull back when life is steady. They serve as a stabilizing force, one that keeps the entire system moving forward with grace and efficiency.

By adding this role to the estate planning framework, we aren’t just helping individuals plan for the end of life — we’re enhancing the quality of life along the way.

FAMILY

AND SOCIAL CONNECTIONS: The Heartbeat of Aging Well

Aging well is not just a medical or financial process — it’s a deeply relational one. Studies from the National Institute on Aging show that meaningful social connections lead to better health outcomes, lower rates of depression, and even increased longevity.

Yet as mobility decreases or cognitive decline begins, isolation often creeps in. Care coordinators can help bridge that gap, encouraging engagement through community resources,

enrichment activities, and regular check-ins. Attorneys, too, can help by drafting powers of attorney or guardianship provisions that prioritize social inclusion.

When families and professionals work together to support relationships — not just logistics — we create a stronger, more resilient environment for aging.

FINANCIAL ASSETS

AND RESOURCES: Planning for a Brighter, More Secure Future

A lifetime of hard work can vanish quickly without proper planning. Health care costs are one of the leading causes of financial distress for older adults. According to the U.S. Department of Health and Human Services, nearly 70% of people over 65 will need some form of longterm care, and the average annual cost of a private room in a nursing home is over $100,000.2

Estate planning attorneys, working in tandem with care coordinators and financial advisers, help protect these assets through proactive strategies. This avoids the pingpong effect of trial and error — which can be extremely costly and disruptive.

When we align financial resources and legal documents with personal values, we provide individuals with something incredibly powerful: the ability to age on their own terms, with dignity and stability. Prepare, plan, and achieve.

HEALTH AND MEDICAL NEEDS AND DESIRES:

Integrating the Personal with the Practical Health care preferences are often deeply personal. Whether it’s a desire to avoid hospital stays, to use holistic treatments, to wear certain clothing or eat certain food, or to age at home surrounded by pets and family photos, those desires deserve a seat at the planning table.

Care coordinators act as advocates who ensure these wishes are understood, respected, and upheld — even when the individual cannot speak for themselves. They help align medical treatments with life goals, translating the complex world of health care into compassionate, human-centered plans.

As estate planners, we hold the responsibility of ensuring these preferences are documented clearly — in health care powers of attorney, advance directives, and living wills — so they remain legally protected. When we listen closely to an individual’s story, we craft plans that are not just legally sound but personally meaningful.

ESTATE PLANS DESIGNED TO GROW AND CHANGE

Like a good garden, an estate plan should grow and adapt with the seasons of life. Health often changes, family dynamics evolve, and laws change. A static estate plan may leave individuals exposed to risks or unintended consequences of an outdated estate plan. Estate planning attorneys working alongside care coordinators offer multilayered life planning for real-world challenges.

This is why an ongoing relationship with estate planning and care coordination is so important. Regular updates to documents ensure that plans reflect the current reality. Whether it’s amending a revocable trust, revising a power of attorney, or updating health directives, this work ensures plans remain aligned with evolving real-life needs.

Ultimately, a coordinated estate plan offers not just protection but peace of mind. It tells clients: You’re not alone. We’re thinking about what’s next — together.

IN CASE OF EMERGENCY: Action Plan

In the face of the unimaginable, preparedness is the best strategy. Estate planning documents should include a well-prepared emergency binder. This emergency binder is a map, a flashlight,

and a life raft. It holds medication lists, medical histories, advance directives, legal documents like Patient Advocate/Medical Powers of Attorney, and emergency contacts. It tells the story of what matters most, when an individual might not be able to speak for themselves.

e Alzheimer’s Association emphasizes that advance planning signiﬁcantly reduces stress for caregivers during medical emergencies. By having a “professional family” in place and a well-prepared emergency binder as part of one’s estate planning documents, families can focus on being family — oﬀering love, comfort, and support — while a trusted professional ensures care is timely, compassionate, and aligned with the client’s wishes.

AGING IN PLACE: Building the Right Team and Infrastructure

Aging in place is more than just staying in the home you love — it’s about preserving independence, safety, and dignity throughout life’s later chapters. According to AARP, nearly 77% of adults age 50 and older want to remain in their homes for as long as possible.3 Yet fewer than one-third have taken concrete steps to make their home or life ready for that reality.

Whether married or solo, many older adults will eventually face aging alone. In fact, around 80% of women will be widowed at some point, often living alone for years afterward.4 is reality underscores the importance of early and proactive planning.

Aging in place doesn’t mean aging alone. One of the most impactful steps individuals and families can take is to engage a care coordinator, a professional trained to assess home safety, arrange supportive services, and oversee health needs as they evolve. is collaboration helps bridge the gap between what individuals want and what they’ll need.

As estate planning attorneys, we know that successful aging in place isn’t just about grab bars or medication management — it’s about legal preparedness. Unfortunately, over 60% of Americans don’t have a will, according to the 2025 Wills and Estate Planning Study from Caring.com, and even fewer have comprehensive documents in place to guide decisions during illness or incapacity.5 Too often, families wait until a crisis forces their hand.

ere are key legal documents essential for aging in place with confidence that are commonly collectively referred to as an estate plan. In each document, an individual nominates a trusted family member, friend, or adviser to follow directions as specifically outlined in the documents. Often called a surrogate decisionmaker or fiduciary, this trusted individual ensures that your medical and financial affairs are

properly taken care of when you are unable to do so for yourself or upon your death.

1. Durable Power of Attorney for Finances

Appoints a trusted person to manage ﬁnancial matters if the individual is unable to do so themselves. is prevents delays, frozen accounts, or costly court interventions at critical times. In some cases, a Springing Power of Attorney — which activates only upon a declared incapacity — may be appropriate.

2. Patient Advocate/Health Care Power of Attorney

Designates someone to make medical decisions when the individual cannot. is ensures medical preferences are honored and avoids leaving family members uncertain during medical emergencies.

3. Advance Directive/Living Will

Outlines speciﬁc wishes regarding endof-life care. It’s not a one-time decision but a conversation that evolves with age and changing health. What does quality of life look like? How to deﬁne comfort and dignity? Documenting those answers brings peace of mind.

4. Revocable Living Trust

Allows individuals to transfer assets (like property, investments, and bank accounts) into a trust while retaining control during life. A properly funded trust avoids probate, provides for management in the event of incapacity, and ensures smoother transitions for beneﬁciaries.

5. Last Will and Testament

Clariﬁes how assets should be distributed after death. A properly drafted Last Will and Testament helps avoid probate disputes and ensures the client’s wishes are respected.

AGING IN PLACE IS ABOUT MORE THAN STAYING HOME — IT’S ABOUT STAYING READY

When individuals prepare ahead, they retain control over their environment, their care, and their legacy. e conversation starts with “How do you want to live?” — and continues with the right legal, ﬁnancial, and health care tools to make that vision a reality.

Taking time now to coordinate documents, designate trusted advocates, and engage a professional family ensures individuals can age in place not just safely but conﬁdently.

A FRAMEWORK FOR AGING WELL

e cycle of life is an inevitability for all families and communities, particularly at our current junction in American society. In 2030, adults

over the age of 65 will make up slightly more than 1 in 5 people in the U.S., approximately 20.7%, according to S&P Global.6 is proportion is projected to continue increasing, which means our strategies as legal professionals must proactively meet the conditions of the people we serve.

Creating a plan helps families understand the natural progression of aging. By integrating estate planning and care coordination, we evaluate how aging impacts health, mobility, housing, and personal/social resources. is allows us to create ﬂexible, customized plans that allow for growth, change, and the unexpected. Individuals know they have a trusted professional family ready to assist with life’s transitions.

Just as a pointillism painting comes to life through deliberate and thoughtful placement, so too does a well-executed estate and care plan. By working together, we create a future that is not only legally sound but also emotionally and practically supportive.

Kristin Hughes, J.D., is the founder of Schluter & Hughes Law Firm, PLLC, a Bloom eld Hills, Michigan-based law rm rede ning estate planning through innovation, compassion, and bold leadership. e rapidly growing woman-owned rm is pioneering a holistic model that integrates legal services with in-house care coordination, bringing attorneys, nurses, and care specialists together under one roof. Dedicated professionals in the areas of estate planning, elder law, probate, care coordination, estate and trust administration, and duciary tax and accounting help clients nd peace of mind with customized estate plans that allow for growth, change, and the unexpected. To learn more, visit schluterhugheslaw. com. Hughes can be reached at kristin.hughes@ schluterhugheslaw.com or (248) 605-0278.

Footnotes:

1. nia.nih.gov/health/health-care-professionalsinformation/providing-care-diverse-older-adultpopulation; pmc.ncbi.nlm.nih.gov/articles/ PMC9203919; researchgate.net/publication/51110685; healthaffairs.org/doi/10.1377/hlthaff.2020.01470.

2. acl.gov/ltc/basic-needs/how-much-care-will-you-need; carescout.com/cost-of-care.

3. aarp.org/home-family/your-home/info-2021/homeand-community-preferences-survey.html.

4. cnbc.com/2022/04/27/op-ed-recent-widows-needguidance-with-money-issues.html; health.harvard.edu/ blog/why-men-often-die-earlier-than-women201602199137.

5. caring.com/resources/wills-survey.

6. spglobal.com/market-intelligence/en/news-insights/ articles/2024/11/1-in-5-americans-to-be-65-years-oldor-older-by-2030-86270288.

As I start my term as president of the Oakland County Bar Foundation, I humbly feel a heavy influence of our highest calling as attorneys — service to others.

Those of us in the legal profession frequently encounter significant pressure from multiple sources. A client may be demanding a certain outcome. A partner may be breathing down your neck for a project to be complete. A judge may not like your argument. These challenges can arise from within as well, like self-doubt triggered by a new or complex project or the all-too-common worry about how we will have enough time to get it all done. These demands stem from important obligations within our profession which we must often fulfill to be successful, but there is a risk in allowing these demands to take an outsize role — the risk being the clouding of our most noble mission within this profession: to help others resolve their legal problems.

The OCBF is a fantastic institution which allows us to look beyond these day-to-day demands and fulfill our objective of service. Its mission statement (reprinted within this column in every issue of Laches) clearly highlights how the foundation provides service — by

The OCBF — An Institution of Consistent Service in the Legal Community

By Andrew M. Harris

ensuring access to justice and an understanding of the law in our community.

The OCBF is far more than a statement; it is an institution formed from consistent service in Oakland County for over four decades. In fact, as outlined in our most recent annual report, the OCBF accomplished the following just this past year:

• Raising almost $300,000 during our annual Signature Event at Orchard Lake Country Club and through other fundraising endeavors.

• Distributing almost $170,000 to 16 different grant recipients who, through their work, fulfill the OCBF’s mission. These institutions help our fellow residents with critical legal needs relating to issues such as immigration and recovery from domestic violence and sexual abuse.

• Recruiting 31 new Fellows (the Fellows are a unique group of supporters, limited to 10% of State Bar members within Oakland County, who must be nominated by another Fellow).

The Oakland County Bar Foundation’s mission is to ensure access to justice and an understanding of the law in our community. It is dedicated to:

Improving and facilitating the administration of justice in Oakland County and throughout the state of Michigan; Ensuring to the fullest extent possible that legal services are made available to all members of the public;

Promoting legal research and the study of law as well as the diffusion of legal knowledge; Promoting the continuing legal education of lawyers and judges; and

Educating the public as to their legal rights and obligations, and fostering and maintaining the honor and integrity of the legal profession.

If you know an organization that could use assistance to pursue these goals within Oakland County, please refer them to ocba.org/ocbfgrants, where they can find information about applying for a grant from the foundation.

As attorneys, we are taught to be skeptical and think critically. So, when I started my service on the OCBF Executive Committee three years ago, I was curious to know if its leaders were as committed and service-driven as it appeared from afar.

During these three years, I have had the pleasure of serving under three separate presidents, Marc P. Jerabek, Michael R. Turco, and Jeff rey G. Raphelson. Each one of them displayed a level of commitment to the OCBF’s mission not only as good as advertised but better. I am reminded of what well-known political commenter James Carville said about his good friend and legendary Meet the Press host Tim Russert after his untimely passing. I am paraphrasing, but I remember Carville saying Russert was even kinder than how he appeared on television. Well, Marc, Mike, and Jeff were also the real deal. Whether it was thinking creatively about how to raise more funds for the foundation, adjusting our governing documents to allow more money to flow to recipients, or serving as stewards over a new memorial fund, these three took their roles very seriously.

The OCBF is far more than a statement; it is an institution formed from consistent service in Oakland County for over four decades.

Moreover, in all their dealings on behalf of the foundation, they were prepared, professional, kind, and eﬀective (the same type of emblematic work is found within our multiple subcommittees). Whether they know it or not, they were great mentors to me and, I am sure, so many others who have had the pleasure of working with them.

e stellar leadership is not limited to the presidency. Katie Tillinger is the foundation’s spectacular director, using her 17 years’ experience to guide its volunteers so we can do our

Mark Switalski (RET)

noble work. Katie is wonderfully competent, responsive, helpful, and pleasant. None of the foundation’s very meaningful accomplishments could be done without her stellar support. e OCBF’s mission, its results, and its volunteers all underscore the critical theme of service. As I set out on this year as president, this north star of service, invariably linked to the foundation’s mission, will guide my work. In an era where service within community organizations is decreasing (with levels of depression and anxiety therefore unsurprisingly increasing), please seriously consider joining the OCBF’s service mission — become a Fellow, consider being a trustee, or encourage the leaders of your ﬁrm to be generous sponsors.

Andrew M. Harris is a shareholder with Maddin Hauser Roth & Heller P.C. in South eld, Michigan, where his practice includes business litigation and commercial real estate. Harris is also a licensed civil mediator. He lives in Birmingham with his wife (Ti any), two teenage sons (Roger and Russell), and two dogs (Maizey and Blue).

April 2025

2024-206920-NO Ardis Szczepaniak v. Edgewood Real Estate Prop.

2024-289351-FC

People v. Boykin

2024-288218-FC People v. Walker

2024-291589-FH

People v. Croskey

2024-289892-FH

People v. Gregg

2024-290926-FH

People v. Moore

2022-197786-CZ

Geneva Foskey v. Antique Woods Condo Association

2024-290497-FC People v. Yu*

2025-292289-FH

People v. Yu*

2024-291381-FH

People v. Ruiz-Saldias

2021-277606-FC

People v. Stribling

2024-291686-FH

People v. Cicchoni

2024-288427-FC People v. Smith

2024-291369-FH

People v. Ratcliff

Alexander Kay

John Whitman

Christian Arndt

George Chedraue

Brandon Barlog

Stephen Barker

Brandon Barlog

Patrick Gagniuk

Brandon Barlog

Christopher Coyl

Qamar Stamos

Larry Smith

Shiraz Khan

Melissa Francis

Qamar Stamos

William Barnwell

Qamar Stamos

William Barnwell

Eric Sterbis

Scott Kozak

Robert Novy

Scott Kozak

Gabrielle Meyer

George Chedraue

Darcey Jacobs

Mitchell Ribitwer

Ricardo Polanco

Theodore Friedman

Other Personal Injury

Ct. 1 Homicide 2nd Deg., Cts. 2, 4, 6 Weap. FF 3rd Off., Ct. 3 AWIM, Ct. 5 Weap. FA Poss. by Prohib. Per., Ct. 7 CCW

Ct. 1 Armed Robbery, Cts. 2 & 4 Weap. FF, Ct. 3 Felon. Poss. FA

Assault w/ Intent to Do

CSC 4th Degree

for Plaintiff $349,997.00 Guilty as Charged

Carrying a Concealed Weapon Not

General Civil

Verdict for Plaintiff $115,000.00

Ct. 1 AWIM, Cts. 2 & 5 Weap. FF, Ct. 3 CCW, Ct. 4 Stalking - Agg., Ct. 6 M/V Tracking Device

Counts

Ct. 1 Crim. EnterpriseConduct, Cts. 2-9 Conspiracy to Commit Home Inv. 2nd Deg. CSC 2nd Degree (Under 13)

Assault with Intent to Murder

CCW, Weap. FA Poss. by Prohib. Per., Weap. FF, Police Officer Aslt./Resist/ Obst. Cts. 1 & 2 StalkingAggravated

Homicide - Open Murder, Weap. Felony Firearm

Guilty of Lesser Assault with Intent to Do GBH Mistrial Ct. 1 Guilty of 1st Deg. Premeditated Murder, Ct. 2 Guilty

Ronayne KrauseVisiting Judge

2024-290297-FH People v. Gillman

Jasleen Singh Theodore Wallace III

5/12/2025

Matis

O'Brien

2019-173784-NH

Darren Findling v. Ascension Macomb Oakland

Brian McKeen, Andrew Kay, Keith Felty, Jill Vandercook

C/S Del./Manf. 50-449g, C/S Del./Manf. Meth/Ecstasy, C/S Del./Manf. U/50g, Unlawful Imprison., Aslt. GBH

Medical Malpractice

2024-291374-FH People v. Scott

2023-202822-NI

Ronald Robinson v. Martin Blumentritt

2023-287141-FH People v. Parks

Dillon Salge Ryan Maesen

Tyler Joseph Richard Lewandowski

Qamar Stamos Edward Hess

Poles

5/27/2025

Rowe

Warren

2024-291275-FH People v. Taylor

2023-202734-NO

Austin Andrews v. South Holly Mart Inc.

2024-204877-CB

Bloomfield Hills Swim & Tennis v. Gregory Yatooma

PottsVisiting Judge

YoungVisiting Judge

2023-204173-NO

Miranda Johnson v. StewHort Inc.

2024-204989-NI

Ronald Chism v. Ciere Turner

2022-197086-NF

Lonetta Silas v. Progressive Marathon Insurance Co.

Marissa Fillmore Alexandra Giuliani

Thomas Wuan, David Roth Dennis Alberts

Adam Behrendt Ethan Holtz

Angelle Rothis

Ryan Naessens, Andrew Collison

Arnold Reed, Harolyn Beverly M. McDonald, J. Peterson, E. Vatsal

Joseph Dedvukaj

Jeffrey Smythe

Home Inv. 1st Deg., P.O. Aslt./Res./Obst., Mal. Dest. Personal Prop. $200-$1K, Indecent Exp., A&B

Cts. 1-6 CSC 2nd Deg. (Person U/13, Dft. 17 or

for Plaintiff $600,000.00

1, 3 & 4 Guilty, Ct. 2 Not Guilty

The mission of the Oakland County Bar Association is to serve the professional needs of our members, enhance the justice system, and ensure the delivery of quality legal services to the public. We fulfill our mission through our 30 committees, regular networking events, and numerous educational programs for both OCBA members and the public. We work hand in hand with the OCBA volunteer board directors and members, and we partner closely with the courts. Below are recent examples of the OCBA at work in service to the bar and to the community.

Inns of Court

The OCBA’s Inn of Court chapter, part of the American Inns of Court, meets monthly from September through May each year. Members are divided into six teams, each responsible for delivering a presentation during their assigned month. Under the leadership of a judge and experienced attorneys, teams mentor newer associates with a focus on promoting the highest standards of integrity, ethics, and civility in the legal profession.

On May 14, the Inn celebrated the close of its 2024-25 season with a gathering at Belle’s Lounge at Valentine Distilling Co., marking another successful year.

Applications for the 2025-26 OCBA Inn of Court program are open through August. For more details, visit ocba.org/inns. Interested applicants should submit a cover letter and résumé to Shanay Cuthrell at scuthrell@ocba.org.

National Law Day of Action

To celebrate Law Day on May 1, the Oakland County Bar Association joined bar associations nationwide in hosting a nonpartisan Attorney’s Oath reaffirmation ceremony, highlighting the legal profession’s dedication to the Constitution and the rule of law.

At noon, OCBA members and metro Detroit attorneys gathered along Lafayette Boulevard, across from the Theodore Levin U.S. Courthouse, where U.S. District Judge Bernard A. Friedman administered the oath. University of Michigan law professor Samuel R. Bagenstos delivered a keynote address.

Rule 1.109(D) One Year In: Why It Matters

On May 21, the OCBA hosted a well-attended session at Affirmations in Ferndale focused on Michigan’s court rule on pronoun use, implemented a year ago. The program highlighted the rule’s role in promoting respect and inclusion in legal settings.

Moderated by then OCBA President Dean Googasian, the panel featured legal and community leaders who shared insights on fostering affirming environments in court and beyond. All proceeds were donated to Affirmations.

The Uniform Partition of Heirs Property Act became eﬀective in Michigan on April 2, 2025. e act’s intent is to protect the interests of all heirs while promoting the eﬃcient and orderly administration of estates. e act allows heirs holding land as tenants in common, without clear legal title or formal estate planning, to partition property that has been passed down through generations in a way that is fair to the remaining co-owners.

A tenancy in common is a form of property co-ownership where multiple individuals own a property, each with a distinct share and each having the right to use or occupy the entire property. Unlike in joint tenancy, their shares can be unequal, and each tenant in common has the right to sell or transfer their share to their heirs. Importantly, there is no right of survivorship, meaning if a tenant in common dies, their share goes to their estate, instead of automatically to the other owners. e act is designed to address disputes among heirs regarding ownership, management, and the sale of real property.

If co-owners of real property disagree about the sale of jointly owned real property, or if one owner believes they are unfairly bearing the burden of taxes, insurance, and maintenance, they can request that a court order the property to be sold or divided. Partition is the legal mechanism to force the sale or division of real property owned by multiple parties.

ere are two types of partition actions. A partition in kind means the division of the property into separately titled parcels. A partition by sale means a court-ordered sale of the property, either by auction, sealed bids, or open-market sale. Partition actions have their share of detriments, as a forced sale may bring sparce returns. A purchaser making a private deal for a co-owner’s interest in property for a price far below the property’s fair market value could cause another co-owner who wanted to maintain the property to lose their land or a signiﬁcant part of the land’s value. In addition, if the goal is to sell the property as quickly as possible, auction

Uniform Partition of Heirs Property Act

By Barbara P. Andruccioli

procedures may not garner the highest possible purchase price.

Key provisions of the act include procedures for initiating partition actions, guidelines for determining fair market value, and mechanisms for facilitating buyouts or sales of fractional interests. e court is required to determine whether the property to be partitioned constitutes “heirs property,” and if so, the act will apply unless all co-owners agree otherwise. e act deﬁnes “heirs property” as real property held in tenancy in common where (1) there is no binding agreement which governs the partition of the property, (2) at least one co-owner acquired the title from a relative, and (3) at least 20% of the interests are held by co-tenants who are relatives, or at least 20% of the co-tenants acquired title from a relative, or at least 20% of the co-tenants are related.

If the property is determined to be heirs property and a co-owner wishes to sell their share of the property, the act requires a specific process, including notification of the other co-owners, an appraisal of the property, and the right of first refusal.

Notice of the partition action is required to all interested parties. If a co-owner’s whereabouts are unknown and the co-owner seeking the partition action wants to give notice by publication, while the action is pending, they must post and maintain a conspicuous sign stating the action has commenced and identifying the name and address of the court.

Unless all co-owners have agreed to the value of the property, the court will order an appraisal and appoint a disinterested real estate appraiser

to determine the fair market value and, once determined, ﬁle a sworn appraisal with the court.

In addition, the interested parties have a right of ﬁrst refusal to buy the interests of the co-owners that are requesting the partition by sale. If there is not a complete buyout of the co-owners’ interests or if no co-owner wants to buy the interest, the court must order a partition in kind if feasible, and if not, a commercially reasonable sale for fair market value.

If the court orders a sale of the heirs property, the sale must be on the open market, unless the court ﬁnds that a sale by sealed bids or auction would be more economically advantageous and is in the best interest of the co-owners as a group. Unless the parties can agree on a real estate broker, the court will appoint a broker and establish a reasonable commission, and the property must be oﬀered for sale in a commercially reasonable manner at a price no lower than the value of the property as determined by the court. e proceeds from the sale are then divided among the co-tenants according to their respective ownership shares.

e goal of the Uniform Partition of Heirs Property Act is to address partition action abuses that have led to signiﬁcant property loss for Michiganders. e protection aﬀorded by the act will help families keep their homes and farmlands by balancing the rights of individual co-tenants to sell their interest and the need to preserve family properties and wealth for future generations.

Barbara P. Andruccioli is the Oakland County Probate Court register.

“Summer’s lease hath all too short a date.”

—William Shakespeare

Depending upon my reader, you may recall that “Video Killed the Radio Star” was the ﬁrst music video played on MTV.2 Perhaps the irony of the song and the subsequent evolution or devolution3 of MTV from a video music station to its current format and the resurgence of vinyl oﬀer guidance on the progress of technology. For it seems that the only constant is change.

OK, other than a cursory run through early-1980s new wave music, what is the purpose of this month’s musing?

Video has been a recurring theme throughout the courthouse over the past few months. e topic has arisen as individuals have violated the limitations created by MCR 8.115 regarding filming in the courtroom and posting it to the internet. It has arisen as individuals have requested copies of court videos to edit and post for their own purposes. It has arisen in the context of what constitutes the official court record and whether courts should follow the lead of Kentucky courts and use video as the official record.4 e subject of video has also arisen as court users have filmed interactions with court staff both inside and outside of the courtroom. At times, it seems that the Sixth Circuit Court has devolved into some tragic reality TV show.

Let’s start with some basics. Courts have long regulated the presence and use by the media of cameras in the courtroom.5 Concerns about cameras date back to the Lindbergh baby kidnapping trial.6 In the mid-1960s, Estes v. Texas (1965) and Sheppard v. Maxwell (1966) overturned convictions based on media coverage.7 is standard continued until the 1981 United States Supreme Court ruling in Chandler v. Florida, which held that the U.S. Constitution does not prohibit broadcast coverage of criminal trials.8 Lest we forget, the issue of cameras and media coverage surrounded the O.J. Simpson trial.9 e issue of media coverage has arisen more recently with high-proﬁle cases like State v. Murdaugh, Depp

Video Killed the Radio Star and Other Tales from the Court1

By Richard Lynch

v. Heard, and State v. Chauvin 10 Locally, the People v. Crumbley cases reinforce this point. Readers may recall that Administrative Order 1989-1 governs media coverage in Michigan courts.11 However, this raises the question of who or what constitutes the media or a media agency. e administrative order deﬁnes the terms as “any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, professional journal, or other news reporting or news gathering agency.”12 Despite the breadth of the language and the December 5, 2012, amendment of the order, questions remain as to the application of the rule to podcasts, blogs, social media, and other digital posts.

Depending upon how one answers this question, the answer raises other questions about how individuals or entities associated with internet resources obtain access to court proceedings and the rules governing their conduct. For example, if the individual or entity does not qualify as media or a media agency, may the individual or entity record part or all of a proceeding? MCR 8.115(C)(3) touches upon the use of portable electronic devices and ﬁlming in and outside of a courtroom.13 Does a trial judge wish to monitor a nonmedia entity recording in the courtroom to see if it is adhering to basic requirements like not recording jurors or jury selection?14 Other concerns include witness or victim intimidation, posting video to embarrass witnesses, or using recordings as a data source for artiﬁcial intelligence to create deepfakes.

Courts confront challenges like those enumerated above on a daily basis. As we practice in or administer the operation of courts, each of us should remember our Lawyer’s Oath and how we each swore or aﬃrmed to support the Constitution, maintain respect for courts and judicial oﬃcers, “advance no fact prejudicial to the honor or reputation of a party or witness,”

and “conduct [ourselves] personally and professionally in conformity with the high standards of conduct imposed upon members of the bar.”15 With these considerations in mind, we should not support or become complicit in eﬀorts to circumvent the rules governing the use of portable recording devices, regardless of the motivation. Instead, we should work toward ensuring the integrity of the courts so people believe in the work that we as attorneys and judges perform in our courts.

Many of you may already participate in this practice in a different way. Voice-to-text transcription devices, like those offered by Plaud.ai,16 allow one to record and transcribe calls, meetings, and, if I dare, court proceedings. Designed as an “AI note-taking device to maximize your productivity,” devices like the Plaud Note or Plaud NotePin offer discreet recorders that will transcribe the events rather than requiring the user to take notes. While the technology simplifies the note-taking process, it does run afoul of MCR 8.115(C)(3), if one utilizes the device without permission of the court for courtroom proceedings or of the individuals in the conversation outside of the courtroom. As in the past, one should request permission and obtain consent before pressing the record button, regardless of one’s intent.

While camera usage is common in state trial courts, it is not a universal practice. Federal courts in the United States continue to ban or seriously limit the use of cameras in their courtrooms even for the media.17 While one beneﬁt of this policy is that it allows one to witness the amazing skills of courtroom artists, the federal limitation frequently seems like an anachronism in the modern world, much like the wigs worn by British barristers. I would be remiss if I did not acknowledge that the federal courts have piloted live audio streaming in various courts.18 Even the Supreme Court has joined this practice, oﬀering oral argument audio.19

I am not calling for a prohibition on cam-

eras in the courtroom. Lifting the veil on what actually happens in courts as opposed to the version of justice presented in ﬁlm, television dramas, or reality TV serves a critical role for the profession and the judicial branch. What I hope to highlight is that technology is a tool. Red Green’s indomitable faith in the use of duct tape suggests a product without limits. Experience demonstrates that all tools, including duct tape, can be used in ways that increase the risk of harm.

Portable electronic devices demonstrate this thought. For while a photo or recording of a new lawyer’s admission to the bar or the ﬁnalization of an adoption by a family preserves memories of landmark events, posting a video of a victim of a violent crime on the internet or distributing it through social media to dissuade the victim from testifying or becoming a “snitch” works only to thwart the ends of justice. Similarly, taking a video of a court proceeding and editing it, perhaps with other videos, to highlight a perceived injustice serves only to create a false narrative that undermines the trust and conﬁdence that courts rely upon to serve our society. While video killed the

radio star, with your help, we can ensure that video does not kill the justice system.

Richard Lynch is the court administrator for the Oakland County Circuit Court.

Footnotes:

1. As in the past with other references, I apologize to The Buggles and their fans.

2. imdb.com/list/ls543294182, last accessed May 29, 2025.

3. Yes, this is an allusion to Devo.

4. See Kentucky Court of Justice Records Retention Schedule 1978-Present, kycourts.gov/Courts/ Supreme-Court/Supreme%20Court%20Orders/ 202429.pdf, pp. 6 and 7 of 20, Series 04009-04011, 04210, and 04212, last accessed May 29, 2025.

5. See ﬁrstamendment.mtsu.edu/article/cameras-inthe-courtroom and courts.rtdna.org/cameras-detail. php?region=Michigan, last accessed May 29, 2025.

6. Id.

7. Id.

8. Id.

9. Id.

10. nationalcenterforstatecourts.app.box.com/s/ nz64or4i5hbz3kuat2r0p6bxc8co0dfy, last accessed May 29, 2025.

11. courts.michigan.gov/siteassets/rules-instructionsadministrative-orders/administrative-orders/ aos-responsive-html5.zip/index.html#t=

AOs%2FAdministrative_Orders%2FAO_No._19891_%E2%80%94_Film_or_Electronic_Media_ Coverage_of_Court_Proceedings. htm%23347104&rhtocid=_27, last accessed May 29, 2025.

12. Id. at 1(b).

13. courts.michigan.gov/siteassets/rules-instructionsadministrative-orders/michigan-court-rules/courtrules-book-ch-8-responsive-html5.zip/index.html, last accessed May 29, 2025.

14. A.O. 1989-1.2(a)(iii), courts.michigan.gov/ siteassets/rules-instructions-administrative-orders/ administrative-orders/aos-responsive-html5.zip/ index.html#t=AOs%2FAdministrative_ Orders%2FAO_No._1989-1_%E2%80%94_Film_or_ Electronic_Media_Coverage_of_Court_Proceedings. htm%23347104&rhtocid=_27, last accessed May 29, 2025.

15. michbar.org/generalinfo/lawyersoath, last accessed May 29, 2025.

16. plaud.ai

17. uscourts.gov/court-records/access-courtproceedings/remote-public-access-proceedings/ history-cameras-broadcasting-and-remote-publicaccess-courts#a1, last accessed May 29, 2025.

18. uscourts.gov/court-records/access-courtproceedings/remote-public-access-proceedings/ audio-streaming-pilot, last accessed May 29, 2025.

19. supremecourt.gov/oral_arguments/live.aspx, last accessed May 29, 2025.

DAVID MOLLICONE

ASSOCIATION STAFF

Executive Director

NEW MEMBERS in April

Susan Desmarais Bonnen

Nicholas Borden-Sanford

Roger Santé Canzano

Nolan De Jong

Jacquelyn Dodge

Allison Folmar

Isabelle Gavriloski

William E. Haines

Nishanthi Jayasundera

Anna Katz

Michael August Knoblock

Tyler M. Knurek

Carol A. Laughbaum

Henry W. Longley

Jennifer Merriman

Kenneth M. Nelson

Ryan Publiski

Brittany RyersHindbaugh

Paul M. Stoychoff

David F. Viviano

NEW MEMBERS in May

Nicole Grace Bien

Lauren Blake

Aniela Bosca

Mark S. Bosler

David J. Braxton

Sonia Marie Chenault

Tracy M. Finegan

Rebecca McLaughlin

Haines

Alisha James

Darby Jensen

Saraphoena Boudrie Koffron

Matthew H. Letzmann

Anthony Marini

André Mays

Renee Mulrenin

Molly Nicol

Anthony J. Piccirilli

Erin Poston

Zachary Tyler Revoldt

Kayln Smith

Lauren Walas

Joshua L. Zeman

Jordan A. Zuppke

MJ Zweibohmer

Jennifer Quick (jquick@ocba.org)

Deputy Director

Katie Tillinger (ktillinger@ocba.org)

Finance Director

Susan Maczko (smaczko@ocba.org)

Professional Development Director

Shanay Cuthrell (scuthrell@ocba.org)

Court Services Manager Cristin Doble (cdoble@ocba.org)

Marketing Communications Specialist

MB Cairns (mcairns@ocba.org)

Bookkeeper

Mayly McRae (mmcrae@ocba.org)

Administrator – Court and Public Services

Janise Thies (jthies@ocba.org)

Administrator – Laches and Foundation

Lori Dec (ldec@ocba.org)

Unless otherwise indicated, please call (248) 334-3400 for assistance.

Address Changes

Billing

Board of Directors

Case Evaluator Applications

Committees

District Court Case Evaluation

Event Photos

Finance

Inns of Court

Judicial Candidate Fora

Laches Magazine

Lawyer Referral Service – (248) 338-2100

Mayly McRae

Jennifer Quick

Cristin Doble

Katie Tillinger

Cristin Doble

MB Cairns

Susan Maczko

Shanay Cuthrell

Janise Thies

Jennifer Quick

Janise Thies

Member Illness & Death Notification .........................Katie Tillinger

Membership ...............................................................Katie Tillinger

New

The New Lawyers Committee hosted its annual Meet the Judges event on April 10 at The Community House in Birmingham.

The evening provided attorneys with the opportunity to network and engage with judges from the Oakland County District, Probate, and Circuit courts, as well as from the Michigan Court of Appeals, U.S. Bankruptcy Court, and U.S. District Court for the Eastern District of Michigan. Both seasoned and newly practicing attorneys from the Oakland County Bar Association attended.

New attorneys were also invited to attend a panel discussion titled “May It Please the Court,” where four judges offered insight and best practices on courtroom decorum, protocols, and procedures.

Attendees had the chance to bid on a variety of auction items throughout the evening. Proceeds from the auction, which totaled more than $4,000, were donated to Oakland County Children’s Village. The organization provides a safe, structured, and therapeutic environment for children and youth under court jurisdiction who are temporarily in need of out-of-home care, custody, and treatment.

From left to right: Harvey Weingarden, Judge Matthew Ackerman, Judge Laura Polizzi, and Judge Amanda Shelton.

From left to right: Victoria King, visiting Judge Amy Ronayne Krause, Judge Tricia Dare, and Alexander Sheldon-Smith.

Bottom left: Judge Andrew Kowalkowski, Judge Maureen Kinsella, Judge Noah Hood, and Sean Murphy lead the panel discussion during the “May It Please the Court” pre-event.

From left to right: Robert Goldman, Judge Maureen McGinnis, Jonathan Ajlouny, Judge Cynthia Arvant, and Dean Googasian.

Marina Chupac and Jordan Zuppke give the opportunity to network with Judge Andrew Kowalkowski and Judge Randy Wallace two thumbs up.

From left to right: Sean Murphy, Judge Matthew Ackerman, Robert Goldman, and Andrew Perun.

Judge Yasmine Poles shows off the autographed Pistons jersey she won at the silent auction while Howard Collins looks on.

From left to right: Erika Bryant, Judge Traci Richards, and Judge Kameshia Gant.

Judge Tricia Dare, Jalal J. Dallo, Elizabeth Silverman, Rebecca Fadler, and others enjoy a story from Judge Jeffery Matis.

On May 7, nearly 400 guests gathered at the Orchard Lake Country Club in West Bloomﬁeld for an unforgettable evening in support of the Oakland County Bar Foundation. The exclusive fundraising gala featured delicious cuisine, a lively atmosphere, and a shared commitment to advancing the foundation’s mission.

Thanks to the generous support of more than 80 sponsors and the enthusiastic attendance of our guests, the event raised over $161,000, which will enable the OCBF to award essential grants to deserving nonproﬁt organizations. These grants play a vital role in expanding access to justice and fostering a deeper understanding of the law throughout our community. This impactful work would not be possible without the continued generosity of the OCBF’s sponsors and supporters.

Judith Cunningham and Teisha Tann.

From left to right: Ronald Weiner, Meagan O’Donnell, and Scott Pawlak.

From left to right: Caroline Chambers, Lisa Neilson, Veronica Leonard, and Shane Kolo.

From left to right: Chief Justice Megan Cavanagh, Justice Richard Bernstein, former Justice David Viviano, Kimberly Matis, and the Hon. Jeffery Matis.

Attendees enjoy a beautiful night outside on the terrace overlooking Orchard Lake.

From left to right: Deborah Hill, Sarah Kuchon, Mary Ann Seibold, Kelly Allen, Victoria King, and Elizabeth Hohauser.

From left to right: Moneka Sanford, the Hon. Jeremy Bowie, Kimberly Denoyer, and Lisa Harris.

From left to right: Kimberly Denoyer, Lilian Garza, Maddie Quirk, Patricia Donnelly, and Theresa Cameron.

OCBF ofﬁcers, trustees, and emeritus trustees pose for their annual board photo.