Question:
How do I request information from YPD?
Answer:
To get copies of police reports and other discovery, fill out this form, print out, and mail along with your check to:
Ypsilanti Police Department
505 W Michigan Avenue
Ypsilanti, MI 48197
Discovery Request Form
Question:
Who is the City Attorney?
Answer:
The law firm of Barr, Anhut & Associates, P.C., attorneys at law of 105 Pearl, Ypsilanti, MI 48197 represents the city of Ypsilanti.
John M. Barr is the designated Ypsilanti City Attorney. Assistant City Attorneys are: Karl A. Barr, and Jesse OJack.
Attorney Jesse OJack is the city prosecutor for cases in the 14A-2 District Court.
Question:
As an attorney, how do I get my client's case adjourned?
Answer:
If you are an attorney and need a first-time adjournment of your case prepare a stipulation and proposed order and email it to jojlaw@msn.com
Question:
As a defendant in a City case; how do I get my case adjourned?
Answer:
If you are not represented by an attorney and need to request a first-time adjournment we will not oppose your request.
You need to write to the court listing your reasons for needing an adjournment; include in your letter your name, address, telephone number, charge and date of offense. Make sure your written request is received by the Court at last 2 days before your scheduled hearing.
The Courts address is 14A2 District Court, 415 West Michigan Avenue, Ypsilanti MI 48197.
The Court will consider your letter on the day your case appears on the Courts Docket and decide whether to grant your request or not.
You should call the Court two days after the scheduled date to inquire about the Courts decision and, if the court granted your request, to find out what your new hearing date is.
Please be advised that the Court usually will not grant an adjournment of more than 2 weeks.
Be sure to send us a copy of your letter by mailing it to Prosecuting Attorney, 105 Pearl Street, Ypsilanti MI 48197 so our prosecuting attorney has a copy in case your letter is not in the Courts file on the date of your hearing.
Question:
I have questions about my City prosecution case; what do I do?
Answer:
If you are a defendant not represented by an attorney please send us a letter. Include in your letter your name, address, telephone number, charge and date of offense, and ask your questions. Mail your letter to 105 Pearl Street, Ypsilanti MI 48197.
We will do our best to get back to you within three business days.
Question:
I want to talk with the prosecutor about my City prosecution case; how do I do that?
Answer:
If you are a Defendant not represented by an attorney and want to discuss your case with the prosecutor, appear in court on the day of your hearing a little early. The prosecutor is available to discuss cases before the Court docket gets started. He will be standing behind the rail which separates the court seating from the Judges Bench. Go up to the rail, give him your name and the charge, and ask about your case.
If you have an attorney we cannot discuss your case with you; have your attorney call or write us.
Question:
Can I make a charitable donation from my IRA?
Answer:
The tax law recently (October, 2008) changed to allow contributions to be made directly to a qualifying charity from an IRA in lieu of a required minimum distribution. This can have a number of advantages.
If you have questions give us a call.
Question:
Am I entitled to holiday pay?
Answer:
No, an employee is entitled to regular pay for working a holiday unless there is a different understanding with the employer.
Question:
Are there precautions to take when hiring an Independent Contractor?
Answer:
Yes. This area of law is fraught with pit falls and tax traps and we recommend that you consult with one of our attorneys if you plan on hiring an independent contractor.
Question:
What is an Independent Contractor?
Answer:
It is someone that does work for you but is not your employee.
Question:
How should I title my automobile?
Answer:
We recommend that you title the automobile in the name of the person that drives it the most.
In Michigan the owner and operator are, by statute, responsible for any chargeable damage caused by the vehicle. Thus joint auto ownership is generally not a good idea because of the liability factor.
Question:
Does a Trust save me money?
Answer:
In the short run no, but in the long run yes. In fact, the use of a trust can save thousands of dollars in court costs and attorney fees because probate can be avoided.
Question:
Can I appoint myself as Trustee?
Answer:
Yes, in fact this is the usual case.
Question:
Who are the parties in a Trust?
Answer:
A Trust requires three parties; the creator or Trustor; the Trustee to hold the assets, and; the beneficiary to receive the assets. Note that the same person can wear all three hats.
The power of the Trust is that when you die the successor trustee can come in and take over, and distribute the assets without the need of the probate court. It can make the total process much faster and less expensive.
Question:
How does a Trust work?
Answer:
An inter-vivos trust (living trust) is set up during your lifetime and can be for your benefit or for the benefit of a loved one. The trust can be set up so you have complete control. You can structure your trust so you can buy, sell, lease, etc. your property just as though it was in your own name. With a trust, however, upon death the assets can be distributed (or held) as you designate, without the time and expense of going to probate court.
A testamentary trust can be set up in your Will. A testamentary trust does not take effect until you die and your Will is probated. Testamentary trusts are commonly considered to help protect young children.
Trusts can be used for tax planning, to avoid probate, and to be a part of a total estate plan. Everyone has an estate plan whether they know it or not! If you do not create your own plan the state has a plan for you.
A third type of trust is anIrrevocable Trust. Trusts can be modified, changed, or revoked unless they are irrevocable. Thus an irrevocable trust is one that cannot be changed by the creator (Trustor.)
Irrevocable trusts are primarily used for tax planning. There are a number of disadvantages to Irrevocable Trusts, including loss of control.
Question:
Do I lose control of my property with a Trust?
Answer:
No, you can have complete control of all your trust property.
Question:
How would a trust benefit me?
Answer:
Trusts can save on probate costs at death because trust assets do not go through probate.
In some cases there can be substantial tax savings using trusts.
Trusts can be a benefit in case of special needs such as incapacity and illness.
Trusts can also benefit children and grandchildren and help assure that your assets go to the people you want to get them.
Question:
What is a Trust?
Answer:
A trust is a device or legal entity created to own, manage, and dispose of property.
Question:
Is there a charge for the first visit?
Answer:
Yes, we charge $75 for the first one half hour of consultation.
Question:
Do you accept credit cards?
Answer:
Yes, we accept Visa, MasterCard and Discover.
Question:
How do you charge for attorney fees?
Answer:
We charge attorney fees in several ways, depending on the type of case. In many cases we set a minimum fee and retainer, and charge an hourly rate with credit for the retainer paid. In some cases, such as auto accidents, we can work on a contingent fee basis and only charge a percentage fee if there is a recovery. In other cases, such as estate planning, we have a set fee for the work we do. In real estate matters we can work on either a percentage fee or an hourly rate fee.
We discuss fees in the first meeting with the client and put everything in writing. We provide our clients with a written fee agreement and a schedule of the way fees are calculated.
Question:
What does the P.C. in the firm name mean?
Answer:
P.C. in the firm name is an abbreviation for "Professional Corporation."
The Michigan Professional Corporation Act requires that any firm operating as a professional corporation have either Professional Corporation or P.C. in their name.
Question:
Can I call on the telephone for a legal opinion?
Answer:
No, not unless you are an established client. We take pride in the quality of our legal opinions and do not offer snap decisions.
We request that prospective clients make an appointment and meet with us face-to-face. We then can give an informed, well thought-out opinion of the legal matter.
Question:
Is there parking available near your office?
Answer:
Yes, there is limited on-street parking in front of our office, and two city parking lots within one block of the office.
One parking lot is on North Huron Street on the West side just South of Michigan Avenue. The second lot is on the corner of Washington and Pearl Streets.
Note that our office is on the corner of Huron and Pearl Streets in the City of Ypsilanti. Huron is one-way traffic North and Pearl is one-way traffic West.
Question:
What are your office hours?
Answer:
Our office is open 8:30 am noon, and 1:00 to 5:00 pm, Monday through Friday.
We can see clients at other times with special arrangements.
Question:
Can I protect my estate from a Will contest?
Answer:
There is no perfect solution, but you can put a no contest clause in your Will providing that anyone contesting the Will is automatically disinherited.
Question:
Should I put my property in joint names with my children?
Answer:
Generally no.
Although there may be some cases where joint ownership with a child may be good, generally a Will and/or Trust is a much better vehicle for estate planning. Your child may die, marry, become incompetent, become estranged, etc. Then you have a real problem with joint property.
Also, making property joint with your children may trigger gift taxes and prevent your child from getting a future tax benefit of a "stepped up" cost basis.
Question:
Attorneys in your firm are ICLE Probate and Estate Planning Certificate Holders. What does this mean?
Answer:
ICLE stands for the Institute of Continuing Legal Education. ICLE is the legal education provider for lawyers of the State Bar of Michigan.
The ICLE office is located at the University of Michigan, and is a partnership of the State Bar of Michigan, the University of Michigan Law School, Wayne State Law School, Cooley Law School, U of D Law School and Ava Maria Law School.
ICLE provides a rigorous Estate Planning and Probate practice curriculum and school for lawyers. Lawyers who successfully complete the training are honored as certificate holders. Less than 5% of Michigan attorneys are so honored. The achievement means that the attorney has achieved a high level of expertise in estate planning.
ICLE stands for the Institute of Continuing Legal Education. ICLE is the legal education provider for lawyers of the State Bar of Michigan.
The ICLE office is located at the University of Michigan, and is a partnership of the State Bar of Michigan, the University of Michigan Law School, Wayne State Law School, Cooley Law School, U of D Law School, and Ava Maria Law School.
ICLE provides a rigorous Estate Planning and Probate practice curriculum and school for lawyers. Lawyers who successfully complete the training are honored as certificate holders. Less than 5% of Michigan attorneys are so honored.
The achievement means that the attorney has achieved a high level of expertise in estate planning.
Question:
Do I still need a Will even if all my property is joint?
Answer:
Yes. Joint property has a place in estate planning, but it is not a perfect estate plan. Your joint owner may die before you.
Question:
What should I include in my Will?
Answer:
Besides determining who will inherit your property, a Will can (to name a few things), name your personal representative, name guardians for your children, and make charitable bequests. In some cases it is possible to reduce your estate expenses.
Question:
When should I review my Will?
Answer:
We recommend reviewing your Will at least every 5 years and whenever you move to a different state, get married or divorced, inherit assets, or have children or grandchildren.
Question:
Can I leave joint property in a Will?
Answer:
Joint property does not pass through a Will. The property can be mentioned, but generally the title on death goes by operation of law and not by way of the Will unless the joint tenant has predeceased you.
Question:
Can I make a Michigan Will even if I have property in other states?
Answer:
Yes, we draft Wills to consider all the property owned.
Question:
My relatives are giving me a hard time. What can I do to protect myself and make sure my Will stands up in court?
Answer:
There are a number of techniques that can be used to make a Will safe from attack.
Using three disinterested witnesses can help.
You can have the Will notarized. This is called a "self-proving" Will.
Other more sophisticated and expensive techniques include a doctors exam before signing and videotaping the Will.
Question:
What is a Will?
Answer:
A Will is a document that directs the settlement of your estate when you are gone. A Will is signed and witnessed. A Will does not transfer any property during your lifetime.
Question:
Do I need a Will when I have a Trust?
Answer:
Yes. We recommend a pour over Will in connection with a Trust to make sure that all assets are subject to the Trust estate plan.
It is generally best, however, to fund the Trust when you make it.
Question:
How do I revoke my Will?
Answer:
A Will may be revoked by burning, tearing, or making a new Will or Codicil.
We recommend making a new Will to clearly show your intention.
Question:
How do I amend my Will?
Answer:
You may amend your Will by making a new Will, or making a Codicil which is a writing that amends your Will.
Question:
May I amend my Will?
Answer:
Yes. A Will is not operative until death and may be amended or voided during your lifetime.
Question:
Can I make my Will myself?
Answer:
Yes, but we recommend having a qualified estate planning attorney draft your Will.
The law of Wills can be complicated and it is best to have an expert on your side in drafting the Will to make sure all legal requirements are met and the Will is a comprehensive document that fulfills your objectives.
Many people unintentionally make confusing or unclear statements in a home-made Will which can cause greater legal involvement and greater legal expenses in the end.
Question:
How long does it take to make a Will?
Answer:
We generally like to sit down with the client to discuss the Will. We then prepare a draft copy and mail to the client to review. Once everything is just right we have a Will signing ceremony in our office.
The process usually takes less than two weeks.
However, in an emergency, we can give expedited service and have a Will in a day or two.
Question:
Can I avoid Probate with a Will?
Answer:
No. However if probate avoidance is of concern, we can devise a plan to avoid probate using a Trust and other planning techniques.
Avoiding probate can be a good objective, but sometimes it is good to have a court involved in the settlement of an estate. This is especially true if the heirs have a history of fighting.
Question:
Does everyone need a Will?
Answer:
Almost everyone needs a Will. Minors cannot make Wills, nor can incompetent persons make a Will. Almost everyone else should have a Will.
There are many reasons to have a Will. A few reasons include making sure your estate does not escheat to the State, naming a guardian for your children, making things easier for your loved ones, and expressing your wishes as to where your property will go after death.
Question:
Who is Tom Piotrowski?
Answer:
Tom Piotrowski has opened his new office and now shares office space with Barr, Anhut & Associates.
Former Assistant Attorney General and Assistant Wayne County Prosecutor, Toms expertise lies in traditional criminal law and environmental regulatory assistance.
Uniquely experienced with the DEQ and DNR (now the DNRE), Tom combines his litigation experience and knowledge of the law to provide quality service to his clients.
Question:
Where is Charlie?
Answer:
Attorney Charles DeGryse has worked for the Firm as one of our attorneys since May of 2007. He is leaving the Firm the end of February, 2010, for an Assistant City Attorney position with the City of Dearborn.
Good Luck Charlie! We will miss you.
Question:
What is the Company's Disclaimer
Answer:
IMPORTANT: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS ATTORNEY PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE ORIGINAL MESSAGE TO US VIA THE UNITED STATES POSTAL SERVICE. THANK YOU.
NOTICE TO PERSONS SUBJECT TO UNITED STATES TAXATION: DISCLOSURE UNDER TREASURY CIRCULAR 230: The United States Federal tax advice, if any, contained in this document and its attachments may not be used or referred to in the promoting, marketing or recommending of any entity, investment plan or arrangement, nor is such advice intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding Federal tax penalties.
