Have a question?  Here are the answers to those we are most often asked.

Business Planning

Do I need legal help when buying or selling a business?

Yes. Legal guidance ensures:

  • Proper documentation of the agreement to sell, and the transaction itself
  • Management of risk
  • Smooth transfer of ownership

As noted above, we strongly prefer to involve your accountant early in the process to maximize the tax efficiency of the deal.

Should I form an LLC or a corporation?

The best choice depends on your:

  • Business structure, such as the number of owners or investors and its intended purpose
  • Tax considerations
  • Liability concerns

We can help determine the right fit for your situation. We strongly prefer to involve your accountant in the decision.

When should I form a business entity?
It’s best to form an entity before beginning operations to ensure proper legal and liability protection.
What is business succession planning?
Succession planning prepares for the transfer of ownership or management of your business in the event you retire, become disabled, or pass away, ensuring long-term stability.

Elder Law

Does my living trust protect my property from being taken if I need to go to a nursing home?

This question really asks (1) whether the assets in your estate plan get “counted” toward your eligibility for government-paid long-term-care (Medicaid), and (2) if you qualify for and receive Medicaid, whether the government will seek to recover the funds it paid for your care after your death.  

Note: contrary to popular belief, no nursing home “takes” your assets; it provides round-the-clock care, housing, and meals, and sends you or your estate an invoice usually not covered by insurance.  Like any other service provider, the nursing home expects to be paid and if it is not paid, has the same creditor rights as any other business.   

The answer is yes, the assets in your estate plan get “counted” toward your eligibility.  The purpose of a living trust is to maximize flexibility with your assets during your life while allowing the distribution of your assets without probate at your death.  A living trust is not the type of trust that shelters assets (i.e., removes assets from your control so they are not “counted” as “yours”).  

In our experience, most estate planning clients have enough assets and are healthy enough that possible future nursing home admission does not dictate their choices.  Most prefer to use their assets on themselves, including to pay for assisted living or in-home health care (neither of which is typically paid by Medicaid).

However, if you are in a position where nursing home admission must drive your choices, there are tools available to plan for Medicaid eligibility.  The rules always change, so you should see an attorney who focuses their practice on this area.  We have one at Kendricks Bordeau.  To learn more, please contact us.

Family Law

What is the difference between a prenuptial and a postnuptial agreement?

Both outline how assets and responsibilities will be handled, but timing and legal considerations differ.

  • A prenuptial agreement is created before marriage. The act of getting married is the “consideration” (value) each member of the couple gives the other in exchange for giving up certain property rights in the event the marriage ends, either in divorce or by death. Therefore, a prenuptial agreement must be completed and signed before the date of the marriage.
  • A postnuptial agreement is created after marriage. Because marriage has already occurred, the “consideration” (value) must be something with monetary value each member of the couple gives the other in exchange for giving up property rights at divorce or death. A postnuptial agreement will not be enforceable if made in anticipation of divorce.
How long does it take to get divorced in Michigan?

The timeline depends on whether you have minor children:

  • Without minor children: There is a mandatory 60-day minimum waiting period from filing to final judgment. Uncontested cases may resolve shortly after that, while contested cases can take a year or longer.
  • With minor children: There is a mandatory 6-month waiting period. In some limited cases, this may be reduced for compelling reasons, but the 60-day minimum can never be waived.

All divorces require a court hearing before they are finalized.

Can one attorney represent both members of a couple in a prenuptial or postnuptial agreement?
Generally, no. Similar to a divorce, the parties have inherently conflicting legal rights and interests. One lawyer cannot ethically be an advocate for both parties and simultaneously represent one against the other. Each party is encouraged to have independent legal counsel to ensure fairness and avoid conflicts of interest. If one party chooses not to have legal counsel, they may do so, as long as it’s clear the lawyer representing the other party and drafting the agreement only represents the interests of that party.

Probate & Estate Administration

What is probate?
Probate is the legal process of transferring a deceased person’s assets to living persons, either according to their estate plan documents or as directed by Michigan law. The process is overseen by personnel in the county probate court, and may or may not involve court hearings before a probate judge.
When is probate required?
Probate is typically necessary when assets are held solely in the deceased person’s name without a surviving co-owner or surviving designated beneficiaries.
How long does probate take?

Some estates are resolved quickly, while others take significantly longer. The length varies depending on:

  • Asset value
  • Complexity of the estate
  • Whether disputes arise
How much does probate cost?

Total costs depend on complexity and level of involvement required by the attorney and other law firm staff.  Generally, legal fees for a probate are rarely below $5,000.

Probate is billed hourly at the attorney’s regular hourly rate, and if a paralegal is assisting, they bill at their regular hourly rate.

What should I do when a loved one passes away?

Nothing needs to be done right away; we normally advise clients to wait until after the funeral and burial or cremation. Initial steps include:

  • Securing assets so they are not stolen or damaged
  • Ensuring insurance coverage remains in place on major assets such as homes and vehicles
  • Locating any estate plan documents, preferably the original ink version
  • Gathering contact information about family members and beneficiaries

Before representation begins, we complete an internal conflict check to ensure ethical compliance. We search our client records to determine whether the firm has a current or past client with an interest in the estate that may pose a conflict of interest.

Real Estate Matters

Do I need an attorney to buy or sell real estate?

Even with a real estate agent, an attorney can help:

  • Review contracts
  • Address legal risks
  • Ensure your interests are protected

You may choose to buy or sell real estate yourself, normally called a “for sale by owner” (FSBO) transaction. Our firm often assists with the process by drafting the purchase agreement, advising about property disclosures, assisting with negotiation of the deal, reviewing the title insurance commitment and fixing any issues it reveals, and drafting deeds and bills of sale to transfer the property at the closing.

What are common real estate disputes?

Examples include:

  • Boundary disputes
  • Easement disputes
  • Landlord-tenant issues and evictions
  • Homeowners Association or Condo Association disputes
I want to transfer real estate but I don’t want the property taxes to go up. Can an attorney help with this?
Typically, yes. The rules can be complex, but we start by asking you for your most recent property tax bills. We also want to know your relationship (if any) with the person who will be receiving the real estate. In Michigan, this issue is commonly known as “uncapping” property tax value. Often this can be avoided if you qualify for a transfer exemption and the real estate transfer is structured correctly.
Is a purchase agreement necessary for a real estate transaction?
Yes. A purchase agreement clearly outlines the terms and protects all parties involved.
What ownership options exist for real estate?

Common forms include:

  • Tenants by the Entireties (for married spouses)
  • Joint Tenants with Rights of Survivorship
  • Tenants in Common
  • Enhanced Life Estate (commonly known as a “Ladybird Deed”)

Each has different legal and financial implications, on everything from divorce, to creditor issues, to probate, to Medicaid eligibility. Paying an attorney to get your ownership right the first time will save you in the long run. We have seen it (and fixed it) for decades.

How much will it cost for a deed?
At our firm, we normally charge a flat fee around $100 unless there are complex circumstances.
Do I have mineral rights?
If you own land in the Upper Peninsula, you probably do not own the mineral rights. The U.P. economy began with hard-rock mining as an important industry and it still is today. Others here before you likely secured those rights. However, if you need definitive answers, we are experienced with hard-rock mineral rights and handle related searches, transactions, and litigation. This makes Kendricks Bordeau unique among law firms in Michigan.

Working With Our Firm

What types of matters does the firm handle?

We assist with:

  • Estate planning and administration
  • Probate and trust administration
  • Elder law, including qualification for long-term care/ Medicaid
  • Family law matters
  • Business planning and transactions
  • Real estate matters
  • Criminal defense, including OWI and driver’s license restoration
  • General litigation, including insurance defense
  • Employer-side labor and employment matters
  • Municipal and public sector representation
  • Nonprofit entities

We do not assist with:

  • Bankruptcy
  • Immigration matters
  • Intellectual property
  • Securities matters
Does the firm offer free consultations?
No. Initial consultations are billed because attorneys spend time preparing for the meeting and provide substantive legal advice during the meeting. You will get real, reliable, and useful information—not a sales pitch. If a client chooses not to continue with the firm after the initial consultation, only the meeting time is charged with no further obligation.
What happens during the initial consultation?
After the firm gathers intake information from the client and completes an internal conflict check, a meeting is scheduled with the attorney. The meeting may be in person, by phone, or by video conference. You can expect the attorney to have prepared for the meeting and have a general understanding of your reason for seeking legal help. The attorney will ask questions to be sure they have a full understanding of your concerns, and then will discuss the legal options available to you. The meeting concludes with a discussion of the next steps to handle your matter, and the fees involved.
What’s a conflict check, and why do you need to know the name of the other party before you take my case?
Before representation begins, we complete an internal conflict check. In Michigan, avoiding conflicts of interest is an important ethical duty for attorneys and law firms. This process involves searching our client records to determine whether the firm has a current or past client with an interest in the matter which may pose a conflict of interest or otherwise affect our duty to our clients.
Where is your office?
We have two offices: our main office in Marquette and our satellite office in Hancock. Meetings in the Hancock office are by appointment only.
What regions do you cover? Where do you take cases?
We cover the entire Upper Peninsula of Michigan and the Wisconsin border. However, most of our clients are concentrated in the central and western U.P., in the counties of Marquette, Dickinson, Delta, Houghton, Baraga, and Keweenaw.
Can you assist remotely?
Yes. Consultations and some services may be handled via phone or video conferencing when appropriate.

Still Have Questions?

Every legal situation is unique. If you don’t see your question here, we’re happy to help. Contact our law office today to schedule a consultation and discuss your specific needs.