Brown Borkowski & MorrowBrown Borkowski & Morrow2026-09-02T12:26:06Zhttps://www.bbmlawpc.com/feed/atom/WordPress/wp-content/uploads/sites/1604931/2022/01/cropped-site-icon-brown-32x32.pngOn Behalf of Brown Borkowski & Morrow<![CDATA[4 warning signs your aging parent needs a guardian]]>https://www.bbmlawpc.com/?p=541742026-08-27T12:27:28Z2026-09-02T12:26:06ZWatching a parent lose their independence is a deeply difficult experience for any adult child. Yet, it becomes even harder when their safety and health are at risk.
Occasional forgetfulness is a normal part of aging. But when a parent's choices begin to put their well-being in danger, basic support may no longer be enough. This is when legal guardianship becomes an option worth exploring.
What is legal guardianship?
Legal guardianship is a court-approved process where a judge assigns a responsible person to make decisions for someone who can no longer do so safely. Michigan's guardianship laws work to protect the rights of aging parents and make sure someone addresses their needs.A guardian may manage personal care, medical decisions or financial matters on behalf of the parent. The goal is not to take control. It is to provide protection when a parent can no longer protect themselves. But how do you know when it is time to consider this step?
Four signs your parent may need more help
Now that you understand what legal guardianship is, the next step is to recognize when it may be necessary. Every situation is different, but there are common warning signs that suggest a parent needs more support than family alone can provide.Watch for these four signs:
Financial mismanagement: If your parents receive shutoff notices or past-due bills despite having enough income, they may no longer be able to manage money safely.
Poor self-care: If your parents struggle to maintain basic hygiene or keep a clean living space, daily tasks may have become too overwhelming to handle alone.
Healthcare errors: If your parent forgets medications or misunderstands a doctor's instructions, those errors could seriously harm their health.
Disorientation: If your parents show confusion that goes beyond normal forgetfulness, severe cognitive decline may be putting them in dangerous situations.
Noticing these signs in someone you love is never easy. But recognizing them early gives you the chance to act before the situation becomes more serious. If one or more of these warning signs feel familiar, it may be time to think about what kind of support your parents truly need.
Protecting your parent while honoring them
Stepping in to help your parents does not mean taking away their dignity. Think of it as protecting someone who can no longer protect themselves. The role shift is not easy, but it comes from a place of love and responsibility. Every family's situation is unique and there is no single right answer for everyone. Taking time to understand your options, including what the law allows and how the process works in Michigan, can make the path forward feel a little less overwhelming. The more informed you are, the better equipped you will be to make decisions that truly serve your parents’ best interests.]]>On Behalf of Brown Borkowski & Morrow<![CDATA[5 key checks before buying a commercial property in Michigan]]>https://www.bbmlawpc.com/?p=541722026-08-27T12:27:21Z2026-09-01T12:26:05ZWhen you buy a residential property, the seller usually provides a disclosure form outlining known issues. However, commercial real estate works very differently. In this transaction, sellers usually have no legal obligation to disclose problems, which means finding them is your job. Hence, before you sign any agreement, you need to do your homework to protect your investment.
Why you need to look closer before buying
Due diligence is the process of researching and checking a property before you buy it. For commercial property buyers in Michigan, you cannot skip this step. It helps you find hidden problems, understand what you are buying and confirm that the property fits your business needs. Without it, you risk walking into a deal with costly surprises.
Five checks to complete before you close a deal
Once you understand why due diligence matters, the next step is knowing where to focus. Commercial properties have many moving parts and missing even one key area can cost you later. So, before you close any deals, make sure you complete these five key checks:
Physical Inspection: Assess the building's structure, roof and major systems like heating, ventilation and air-conditioning (HVAC) so you can spot costly repairs before they become your problem.
Environmental Assessment: Look for soil contamination or hazardous materials, especially in Detroit where some sites carry environmental issues from earlier industrial use.
Title Check: Confirm clear ownership and check for any liens, so you do not inherit legal or financial claims tied to the property.
City Inspections: Contact local city officials to find out if the building needs a new safety inspection or occupancy permit before you open for business.
Zoning Rules: Verify that local zoning laws allow your type of business to operate at that location, so you do not invest in a property that cannot legally support your work.
At the end of the day, completing all five checks gives you a clear picture of what you are buying. From here, the question becomes how to make sure nothing slips through the cracks.
Don't buy a headache in disguise
Buying a commercial property is one of the bigger financial commitments you will make as a business owner. Each of these five checks helps you fully understand what you are getting into before you sign. Skipping even one can turn a good deal into a costly problem.Therefore, taking the time to review every detail, asking the right questions and getting the guidance along the way can make a real difference. When you approach a commercial property purchase with care and proper support, you give your business the solid foundation it deserves.]]>On Behalf of Brown Borkowski & Morrow<![CDATA[Can you change or revoke a living trust in Michigan?]]>https://www.bbmlawpc.com/?p=541532026-07-29T09:51:03Z2026-08-03T09:50:04ZWhen can you change your trust?
Michigan law generally lets you change a revocable trust unless the trust says otherwise. Your trust document may also explain the steps you should follow. You can add or remove property, choose different beneficiaries or appoint a new successor trustee.
You may want to review your trust after major life events. Marriage, divorce, the birth of a child or grandchild or a major financial change could affect your plan. Even if your life has stayed the same, reviewing your documents from time to time can help you spot areas that need attention.
Keep in mind that under Michigan law, a trust executed on or after April 1, 2010, is legally presumed to be revocable and amendable by the settlor unless the trust terms expressly declare it irrevocable.
When can you revoke your trust?
You can often cancel a revocable living trust while you are alive if you still have the legal capacity to make decisions. Michigan law also generally lets you revoke your trust, although the trust agreement may explain the steps you should follow.
To change or revoke a written revocable trust in Michigan, follow the method described in the trust. If the trust does not include a method, you must sign a separate written document that clearly shows your intent. After you revoke the trust, you may also need to transfer the property back into your name.
An irrevocable trust works differently. Once you create it, changing or ending it can become much more difficult. Sometimes you may be able to modify or end it, but the rules are often more limited and may depend on the trust terms or other legal requirements.
Why should you review your documents carefully?
Before you make changes, you may want to understand how your trust works with your will, beneficiary designations and other estate planning documents. If you update one document but not the others, you could create confusion or get results you did not expect.
If you are considering changing or revoking your living trust, review your overall estate plan to see whether your documents still match your goals and your family's needs.
The importance of updating your estate plan
Life is unpredictable. As time passes, your estate plan can change to reflect new developments. Reviewing your estate plan from time to time can help keep your documents up to date and aligned with your wishes. When you stay involved in your planning, you can build a plan that can support you and the people who matter most.]]>On Behalf of Brown Borkowski & Morrow<![CDATA[Can your landlord enter your home without notice in Michigan?]]>https://www.bbmlawpc.com/?p=541512026-07-29T09:51:15Z2026-08-03T09:50:01ZWhy a landlord may enter your property
Your landlord might enter your rental unit to make repairs, inspect the property or show it to prospective tenants or buyers. In such cases, your landlord will typically inform you ahead of time. This allows you to prepare and adjust your schedule accordingly.
Michigan statutory and common law require landlords to give reasonable notice before entering a rental property for non-emergency reasons. In most cases, 24 hours is widely considered the minimum amount of reasonable notice. Your lease usually controls when entry happens and how much notice you receive.
Lease agreements often explain how landlords must give notice before entering a rental property. However, they must still follow state law and cannot take away a tenant's right to reasonable notice. Many agreements explain entry rules in detail. You may want to review your lease so you understand what applies to your tenancy.
When notice may not be required
Some situations require immediate action. A landlord may enter without notice during emergencies like fires, gas leaks or burst pipes. Quick access can help prevent injuries and limit damage.
Emergencies typically involve situations that need immediate action to protect people or property. Routine maintenance, inspections and showings do not carry the same urgency. Landlords usually give advance notice in those situations.
Outside of emergencies, a landlord who enters without notice may create disputes, especially if it happens repeatedly. If you believe your landlord is violating your privacy, it may be helpful to document the dates, times and circumstances of each entry. Keeping accurate records may make it easier to explain your concerns if questions arise later.
How you can protect your privacy
One of the simplest ways to understand your rights is to read your lease carefully before signing it and review it again if questions come up. Many leases explain how entry works and what both you and your landlord must do.
You may also find it helpful to keep copies of written notices, emails or text messages related to entry requests. These records help you confirm what your landlord said if questions come up later.
If your landlord asks to enter, suggest a time that works for both of you. Clear communication prevents misunderstandings and supports a better landlord-tenant relationship. If you feel unsure about an entry, review your lease and the situation before deciding what to do next.
Protecting your home and privacy
Knowing your lease terms and communicating clearly with your landlord helps prevent disputes. Every lease is unique, so pay close attention to how your landlord handles property access. Keep records and ask questions when something seems unclear. This helps protect your privacy and reduces confusion. Understanding your rights and responsibilities helps you make more informed decisions regarding your tenancy.
]]>On Behalf of Brown Borkowski & Morrow<![CDATA[3 legal mistakes to avoid when you start a business]]>https://www.bbmlawpc.com/?p=541502026-06-29T09:37:47Z2026-07-02T09:36:18ZSelecting the wrong business structure
Many founders pick a business type without looking at long-term tax rules or financial risks. For example, a sole proprietorship does not separate your personal cash from your business debts. If a vendor takes you to court, your personal bank accounts are at risk.
Michigan law shows that a proper entity setup limits corporate liability for business owners. However, a corporate structure does not protect you from everything: you can still face personal liability if you sign a personal debt guarantee, commit fraud or mix business money with personal cash.
Failing to draft formal partnership contracts
Handshake agreements between partners often cause major confusion later. You must put your business roles, cash contributions and exit plans in writing from day one. Clear corporate papers give you a clear roadmap during tough changes:
Operating agreements for limited liability companies
Shareholder agreements for corporations
Buy-sell rules for partner departures
A written contract sets the rules for transferring assets if a partner leaves. Business owners who rely only on verbal promises often lose control of their companies.
Using generic internet forms for corporate governance
Using cheap online templates can cause expensive court battles later. This is because automated web forms fail to address your unique business goals or protect your specific ideas. Generic paperwork creates weak spots for your company:
Local proximity is helpful, but legal precision is what actually protects your equity. Speaking with a Michigan business attorney is a proactive step to secure your commercial investments from day one.
]]>On Behalf of Brown Borkowski & Morrow<![CDATA[3 estate planning documents new parents should not delay having]]>https://www.bbmlawpc.com/?p=541492026-06-29T09:37:35Z2026-07-02T09:36:11ZWelcoming a child into the family often shifts priorities in unexpected ways. Parents begin thinking not only about their children's daily needs but also about their long-term security. While many people assume estate planning is something to address later in life, new parents often have some of the strongest reasons to start sooner.
A few key estate planning documents can help protect children and provide stability if the unexpected occurs. Here are three key estate planning documents new parents can start with.
1. A last will and testament
A will serves as the foundation of many estate plans. For parents of minor children, one of its most important functions is naming a guardian.If both parents pass away or become unable to care for their children, a court may need to decide who will take on that responsibility. A will allows parents to express their wishes and identify someone they trust to raise their children.A will can also direct how property should pass to loved ones. However, parents should understand that some assets, including life insurance policies, retirement accounts and certain financial accounts, pass through beneficiary designations instead of a will. Reviewing and updating those designations after having children is an important part of the planning process.
2. A durable power of attorney
A durable power of attorney allows a trusted person to manage financial matters if illness or injury leaves someone unable to act on their own behalf.For growing families, this document can help ensure that mortgage payments, household expenses and other financial obligations continue without unnecessary disruption. Without a valid power of attorney, loved ones may face delays and additional legal steps before they can assist with important financial matters.
3. An advance health care directive
An advance health care directive allows individuals to document medical preferences and designate someone to make health care decisions if they cannot communicate.Parents often find comfort in knowing that a trusted person can advocate for their wishes during a medical emergency. This document can also reduce uncertainty and stress for family members faced with difficult decisions.
A strong start for a growing family
Estate planning is ultimately about more than transferring assets. For new parents, it is an opportunity to make thoughtful decisions about who will care for their children, who will manage important affairs and how financial resources will support the family in the future. Working with an attorney can help parents document those decisions clearly and develop a plan that reflects their family's long-term goals. ]]>On Behalf of Brown Borkowski & Morrow<![CDATA[3 ways to prevent family conflict when writing a will in Michigan]]>https://www.bbmlawpc.com/?p=540842026-05-29T14:22:04Z2026-06-03T14:21:37ZCommunicate your intentions clearly with family members
Talk openly with your family. Explain your choices clearly. People accept decisions more easily when they understand them. You do not need to explain everything, but giving a reason can prevent hurt feelings later.
For example, if you plan to distribute assets unequally, explaining your reasons helps you address concerns before they turn into disputes. Some families benefit from meetings where you outline your plans and answer questions in a safe, supportive environment.
Be specific and detailed in your will
Vague words in a will can cause disputes. Write your will clearly. Be specific about who gets what. Name each item and each person directly. If you have sentimental items that multiple family members might want, address these specifically rather than lumping them into broad categories.
Consider appointing a neutral personal representative
Your personal representative has an important role in your will. They manage your estate. Choosing one family member may feel unfair to others. It may help to appoint a trusted friend. Alternatively, you might consider appointing a neutral third party, such as a trusted attorney, to serve as your personal representative.
A neutral personal representative can make impartial decisions without the emotional complications that family relationships bring. This approach can be particularly helpful in families where tensions already exist or when the estate involves complex assets or business interests.
Reducing conflict with strategic planning
By communicating openly, using clear language and choosing the right personal representative, you can reduce the risk of family disputes after your passing. Careful estate planning can help your loved ones understand your wishes and focus on supporting one another instead of resolving unnecessary conflicts.]]>On Behalf of Brown Borkowski & Morrow<![CDATA[Choosing the right personal representative for your will]]>https://www.bbmlawpc.com/?p=540872026-05-29T14:22:13Z2026-06-03T14:21:37ZTrustworthiness and integrity
Trust is the most important quality in a personal representative. This person will handle your money, records and personal papers. Choose someone who will follow the wishes in your will. Look for someone who has shown they are honest. Think about how this person has handled responsibility in the past. They should also respect other people’s property and wishes.
Someone who is naturally organized and pays attention to details will be better equipped to handle these responsibilities. Think about whether your candidate keeps their own affairs in order and follows through on commitments. A person who is scattered or forgets important deadlines might struggle with the demands of handling the estate.
Financial responsibility and basic competence
Your personal representative does not need to be a financial expert, but they should have basic financial literacy and a track record of managing money responsibly. They will need to maintain estate accounts, pay bills and potentially make decisions about selling property or investments. Consider whether your potential representative manages their own finances well, pays bills on time and makes sound financial decisions.
Availability and willingness to serve
Even a qualified person may not be the right choice if they lack the time or desire to serve. Estate administration can be time-consuming, sometimes taking a year or more to complete.
Consider whether your chosen person is available enough to fulfil this role. It is also wise to have a conversation with them before naming them in your will to ensure they iare willing to accept this responsibility. You may also want to consider naming an alternate representative in case your initial choice is unavailable.
Emotional stability and fairness
Finally, look for someone who can remain calm under pressure and handle family dynamics with fairness. Handling an estate can lead to difficult decisions and family conflicts. A personal representative who can stay level-headed and treat all beneficiaries fairly will help ensure the process goes smoothly and honors your intentions.
Protecting your legacy through careful consideration
Choosing the right personal representative helps protect your wishes and makes the estate administration process easier for your loved ones. Take time to evaluate each candidate carefully and choose someone who can manage the responsibilities with honesty, organization and fairness.]]>On Behalf of Brown Borkowski & Morrow<![CDATA[Buying a business: What if due diligence finds red flags?]]>https://www.bbmlawpc.com/?p=540702026-04-29T07:12:48Z2026-05-04T07:11:29ZWhat you may uncover during due diligence
Due diligence may bring facts to light that change how you view the transaction. Some concerns may be minor and relatively easy to resolve, while others may raise broader questions about the business’s valuation, management practices or future obligations. Common red flags can include:
Financial records that do not match earlier claims
Missing contracts with key customers or vendors
Heavy reliance on one client for income
Tax debt, liens or unpaid obligations
Pending lawsuits or payroll compliance issues
Not every red flag will affect a transaction in the same manner, degree or financial impact. Some issues may be simple to correct, while others may increase your expense, delay closing or create added risk after the sale.
When a red flag may point to a larger problem
Sometimes a red flag matters less because of the issue itself and more because of what it may indicate about the business as a whole.
Poor records may point to weak management practices or limited internal controls. Missing contracts may suggest a casual approach to important business matters. Revenue tied to one customer may create serious concentration risk if that customer leaves after the sale. A closer review may show that one concern connects to broader operational or financial risks within the company.
What options you may have next
If due diligence uncovers red flags, the next step will usually depend on the seriousness of the issue and whether it can be resolved within a reasonable time. You may consider options such as:
Renegotiate the purchase price if the business appears less valuable than expected
Ask the seller to resolve the issue before closing
Request stronger contract protections such as escrow funds or holdbacks
Delay closing so you can review the problem further
Walk away if the risk no longer makes business sense
A red flag does not always end a transaction. In some cases, it may simply provide better information and a stronger position during negotiations.
Why timing matters
Many buyers have more flexibility before closing than after the sale is complete. While due diligence can feel tedious, this stage may create room to revisit terms, request corrections or take additional time to review new concerns. Once ownership changes hands, those same issues may become more difficult, more expensive and more disruptive to resolve.
]]>On Behalf of Brown Borkowski & Morrow<![CDATA[5 ways to include your business in your estate plan]]>https://www.bbmlawpc.com/?p=540692026-04-29T07:12:37Z2026-05-04T07:11:27ZAs a business owner, you may have spent years building a business worth protecting. Now you want your children to benefit from that work one day.
A standard estate plan may cover your personal assets, but it rarely accounts for an operating business. In Michigan, if you leave that gap unaddressed, you allow state default rules to determine what happens to your business interest.
What most business owners do not realize until it is too late
When you pass as a Michigan LLC owner without specific provisions in your operating agreement, the Michigan Limited Liability Company Act fills in the blanks. If you own a corporation, partnership or sole proprietorship, you face entirely different default rules under Michigan's Business Corporation Act, partnership statutes or probate laws.Those default rules do not consider whether your child is ready to step in and do not account for whether a co-owner relationship will survive. Michigan probate can also hold business assets in limbo for months, which can put real strain on customers, vendors and employees.
The tools that actually protect what you have built
A business-aware estate plan gives your family options that a standard will simply cannot. Five key tools work together to cover what a basic estate plan leaves out:
Create or revisit a buy-sell agreement: This document establishes what happens to your ownership stake if you can no longer run the business.
Place your business interest in a revocable living trust: This avoids Michigan probate and allows ownership to pass to your children without court involvement.
Build a formal succession plan: This addresses who runs the business, not just who owns it. For the next generation, that distinction keeps the doors open.
Consider gifting strategies to transfer ownership gradually: Federal gift tax rules allow you to move business interests to your children over time. Michigan has no state gift tax, which makes this a practical option.
Secure key person and business continuation insurance: This coverage provides financial stability if something happens to you or your partner. It can also fund a buy-sell agreement and protect your children's inheritance.
Together, these tools build a plan that reflects the business you have spent years growing.
The best time to protect your business is while it is thriving
Michigan law gives business-owning families real flexibility, but it only works when these tools connect as part of one cohesive plan. For your children, the difference between a thoughtful business estate plan and a standard will could mean inheriting a running company rather than years of legal uncertainty. The right time to address this is while the business is healthy and you still control how the story ends.]]>