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Contract Drafting, Negotiation & Litigation
A properly drafted contract can be one of the most cost-effective ways to protect yourself, your business, or your property. Our attorneys assist clients in the West Michigan area with automobile purchase agreements, mortgage contracts, and residential lease agreements and prenuptial agreements.
Rental and lease agreements are two of the most common types of contracts. If you are renting or leasing your property to somebody else, it is critical that you have a rental or lease agreement. A properly drafted rental or lease agreement will outline the rights of both parties, which reduces or eliminates unnecessary litigation. Likewise, if you are going to rights under a proposed rental or lease agreement. lease property from somebody else, it is critical that you understand you.
Contracts are commonplace in the business world. Businesses deal with contract issues on a daily basis. Every aspect of a business – including inventory purchasing, sale of goods or services, equipment leasing and purchase, logistics, hiring practices, and employment policies – should all be addressed through a contract. You may even need assistance in the sale or purchase of an existing business.
The use of contracts expands beyond business, real estate, and consumer purchases. Prenuptial Agreements are becoming an increasingly common way to protect the assets, property, and business interests of individuals. Though most people marry with the intention of being in a relationship forever, the stark reality is that nearly one-half of all marriages end in divorce. Prenuptial Agreements are valid in the State of Michigan so long as they are entered into without fraud, duress, or undue influence, the agreement is fair at the time of execution, and facts and circumstances have not changed in such a way to make enforcement unconscionable, or unfair. Prenuptial Agreements can cost anywhere from several hundred dollars to several thousand dollars, depending on the complexity of the agreement.
Contracts are a major part of the average consumer’s lifestyle. Everything from applying for a credit card to purchasing an automobile or financing a new entertainment center involves the use of contracts. You should also have a contract when selling certain types of consumer goods to others. For example, a contract should always be used when selling a used automobile to another person. Contact the attorneys at Van Tubergen & Treutler, PLLC if you have any questions about the drafting, interpretation, or execution of any type of consumer contract.
There is no better way to protect your family than through the use of proper estate planning techniques. Estate plans are relative inexpensive, and they provide great security for you or your family. Avoiding probate is only one of the goals of estate planning. A properly-drawn estate plan can protect your personal assets, property and children. Avoid costly tax penalties via a complete estate plan. Power of Attorney documents should be a part of all estate plans, as well. Power of Attorney documents establish who is to make decisions for your financial and medical well-being if you are unable to.
One of the best known methods of estate planning is through the use of a will. A well-drafted will can significantly reduce or even eliminate probate. A will covers more issues than property distribution. A standard will contains provisions that establish the personal representative of the estate. The personal representative is the individual who represents the estate during the probate process and assures that the property of the decedent is distributed according to his or her mandate. The personal representative is often a close family member, but can be a family friend or an institution, such as a bank. A will can also establish guardianship for children whose parents have died. The will can establish a conservator to manage any property and assets that are passed to children.
Contact Van Tubergen, Treutler & Hayes, PLLC to schedule an appointment to determine whether or not a trust is the proper method of estate planning for your needs. A trust gives its creator, or “settlor,” greater control over his or her assets when he or she dies. This is because the trust survives the settlor. When the settlor dies the trust will appoint an individual or a business, such as a bank, to manage the trust and its assets. This appointed individual or business is known as the trustee. The trustee has a legal duty to administer the trust according to its terms.
A trust, however, can be used for other purposes. A trust can be used to handle many different types of issues. Trusts can be used to protect loved ones who are disabled, plan for Medicaid benefits, and can also also be used to limit costly estate taxes.
It is costlier to establish a trust than a will, however, they offer greater protection and personalization .
Probate is the process that is used to pay debts and distribute assets of an estate in the absence of a will, trust, or other estate planning document. The laws of Michigan establish a system for the distribution of property to the descendants of a person who has died. Probating an estate can be a very stressful and complicated process for survivors. There is no reason to do it alone. Contact Van Tubergen, Treutler & Hayes, PLLC to assist you with probating the estate of a loved one.
Michigan is a no-fault insurance state. The No-Fault Automobile Insurance Act provides Michigan accident victims with many benefits, including medical expenses, lost wages, home-care subsidies, mileage reimbursement, and more. The law also limits the types of automobile accident related lawsuits allowed.
There are few things that are more stressful than being involved in an automobile accident. This stress is magnified when a serious injury occurs.
A suit in negligence can be brought in Michigan under certain circumstances. You may be entitled to compensation, including damages for pain and suffering if you or a member of your family has been involved in an automobile accident involving a wrongful death, a serious permanent disfigurement, or a serious impairment of a bodily function.
The laws have recently changed. Many people may be entitled to recovery and not even know it. The Michigan Supreme Court recently issued an opinion that may give more people access to recovery. The case of McCormick v. Carrier, issued in 2010 changes the scope of what the term “serious impairment of a bodily function” means. If you have been involved in a car accident and you are unsure whether you are experiencing a serious impairment of a bodily function, please contact one of the attorneys at Van Tubergen, Treutler & Hayes, PLLC to schedule a free consultation to discuss your rights.
The cost of legal representation in cases of traffic accidents and resulting injuries are based on a contingency fee agreement. This means that you will not have to pay legal fees up front. The attorneys will be paid based on a percentage of any damage award you receive. The only fees that you would have to pay are actual costs including include filing fees, copy charges, and other expenses. These expenses are quite nominal, and at Van Tubergen, Treutler & Hayes, PLLC we are willing to work with those who may be unable to pay.
If you have been injured and are unable to work, you may be entitled to receive Social Security Disability benefits. Many people apply for SSD benefits, but an overwhelming majority of these applications are denied. The attorneys at Van Tubergen, Treutler & Hayes, PLLC can help and offer a free initial consultation.
In order to qualify for Social Security Disability, you must have worked for a minimum number of years and earned a minimum number of credits in the ten years preceding the date you become disabled. All workers earn quarterly “credits” for Social Security. A worker earns up to four credits per year if he or she is working. In order to qualify for Social Security Disability, a worker must have 20 credits earned in the prior 10 years. Fewer credits are required for younger workers who have become disabled.
If you qualify based on your number of work credits, the next step is to determine whether or not you are disabled. A person is considered disabled if he or she can no longer engage in “substantially gainful activity” and the injury or disability will either result in death or last longer than one year. This means that your disability must prevent you from doing the work that you once did, the disability must prevent you from earning a wage doing other types of work, and the disability must be severe. The criteria for determining whether you can no longer engage in substantial employment is complicated, and the assistance of an attorney is highly recommended.
Social Security Disability representation is performed on a contingency fee basis. This means that there are no fees that are paid up front and there will be no fees due unless you receive benefits. The amount that attorneys are able to be paid in Social Security Disability cases is set by federal statute, and the fees are quite moderate. Most of the time there will be no money paid out of pocket, as the fees will be paid from back pay entitlements. There is no risk to you whatsoever. Please contact Van Tubergen, Treutler & Hayes, PLLC in Grand Haven, Michigan to schedule a free consultation to discuss disability representation.
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