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MICHIGAN PROBATE & ESTATE PLANNING JOURNAL TABLE OF CONTENTS Vol. 25 M Summer 2006 M No. 3 Feature Articles: Federal Legislation Leaves Medicaid Planning in Limbo Douglas G. Chadian .................................3
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..7 Family-Paid Family-Only Retirement Accounts: Is It Really Savings? William Z. Smith .............................9 Insurance Contracts for Home Ownership Under the Affordable Care Act Timothy D. Bump .............................11 Financial Planning for Medical Terminations: How Would You Do It? Robert K. Lerman ..................13 Property Tax Planning for Small Businesses Andrew J. Neely Jr .........................15 A Survey of Personal Injury Compensation Payments in the Individual State Income Tax Systems: Impact on the Individual Income Tax Theodoris Kostakis .......................18 Financial Planning and Retirement for Michigan's Unmarried Couples: The Impact of Income Taxation Richard H. Pfefferbaum ......................19 Medical Liability for Injury to a Child: The Impact of the Nonmarital Condition on the Child's Right to Life, Health and the Estate Tom W. Larkin .......................22 Medical Malpractice: The Nonmarital Condition in Michigan Michael A. Stadler .............................24 Federal Legislation Leaves Michigan Planning in Limbo James W. Smith .................................25 The State of Michigan's Unmarried Couples Life Insurance Policy Under the State's Income Tax Rebalancing Rees V. Loehr .......................26 A Comparative Analysis of the Individual and Estate Tax Treatises: Taxation of Long Term Capital Gains and Losses, and of the Estate Tax Kenneth A. Wilcox ...........................27 Michigan Insurable Interest Deductibility: How Would You Implement It? Michael A. Stadler --------.......30 The Internal Revenue Code and the Estate Tax: A Review of the Current State of Substantive Understanding Theodoris Kostakis ...............31 How Does the Current Taxonomy of "Life Insurance" Affect Decision-Making in the Estate Planning Process? Thomas B. Riederer ........32 Legal and Social Consequences of the Nonmarital Condition of an Injured Child: Implications for the Long-term Planning of an Estate Thomas B. Riederer , Theodoris Kostakis and James W. Smith ........................34 Life Insurance: Are You Getting the "Value" You Paid for? Thomas B. Riederer , Richard H. Pfefferbaum and Andrew J. Neely Jr ................ 36 Federal Legislation Leaves Planning for Unmarried Couples Unraveled Theodoris Kostakis............................................................................... 37 Appendix 1 - The Social Costs of Unmarriedness Theodoris Kostakis (1) Marriage creates and sustains certain social ties that can increase the likelihood of future marital
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I'm sure the first question that you all have about lady birdies is why you had to get up so early to listen to this I can't answer that question I didn't do the schedule, but you might ask the next question is why are we even talking about Lady Bird deeds I mean after all they've been around for 20 years 25 years a lot of people use and probably most people in this room have done a lady bird deed probably several of them and the interesting thing is if you stop to think about it for a minute we've been doing it for 20-25 years, but there are no cases I know if anybody has a case on Lady birdies other than the 1911 the Ogles by case, but I don't have any cases on them, so we've been doing them for all these years, and we always read the fund articles they've written several articles on Lady birdies I've included that your appendix, and you see when you read it they tell you well you can do this, but you can't do that you can ensure title we won't insure title here, but maybe we'll do it in another situation, and it's not as if you have all these cases that really tell you anything about them, it's more like an as we talked about this sort of title insurance laws we sort of joke about it because it's a matter of risk if you don't know the answer why would you insure a risk of course we all do that every day we walk across the street, and we don't know exactly what's going to happen whether we'll get hit by a car not but we assume that risk or else we're not walking across the street, so obviously a title insurance company has the same you know concept there are certain risks they're going to insure and certain risks are not going to insure if you don't have a case or a statute that tells you this is how something works than it's a matter of trying to calculate risk, and it seemed interesting to me that we've gone so long with our cases that maybe we need to revisit the whole issue of Lady Bird deeds and how we use them and maybe there are things that should be allowed that we can do now and maybe some things we should continue to draft the way we're drafting them since has been this increased use in ladybird deeds and just okay we have this increase use and ladybird deeds since the last 20 25 years everybody's been using them and in mostly an elder law and estate planning, and so we see that you know as probably the primary uses I can't think of really another useless I don't use it for any other reasons but what's happened in addition to the fact that we haven't seen any cases as we start seeing these creative uses of Lady birdies that is to say a lawyer gets an ID, and he says you know I think I'm gonna had something to this deed and seems okay to me, and he runs a by his colleague and colleague you probably care less and say yeah it sounds like a great idea next thing you know they wind up with an insurable title, and you know we're all lawyers and because we're lawyers we have this sort of creative nature about our drafting button get us in...
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A Michigan lady bird deed form allows a person to retain control over Michigan real estate during his or her life and automatically transfer the real estate at his or her death. ... The deed also identifies at least one other party—called a remainderman or remainder beneficiary—to inherit the real estate at death.
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