Payne, Broder & Fossee, P.C. is a general service law firm that offers assistance with legal matters pertaining to civil and probate litigation, health care law, estate planning, trust and probate administration, business law, real estate transactions, family law, and other matters.
A Durable Power of Attorney is a document that empowers another individual to carry on your financial affairs in the event you become disabled or incapacitated. Without a Durable Power of Attorney, it may be necessary for one of your loved ones, including your wife or adult child to petition a court to be appointed guardian or conservator in order to make decisions for you when you are incapacitated. This guardianship process is time consuming, expensive, often costing thousands of dollars and it can be emotionally draining for your family.
A member of the Michigan Bar since 1980, Carol Fossee primarily represents health care institutions in corporate law, health care law, employment law, and commercial litigation. She deals extensively with the state and federal regulations that govern the health care industry, and possesses considerable experience in drafting and litigating contracts involving computer software and hardware, as well as real estate, and employment matters.
Mergers and Acquisitions
Each state has its own corporate statutes that govern the procedure for mergers. Furthermore, state or federal agencies may wish to investigate the potential anticompetitive effects of a proposed merger. Because of the requirements and variables involved in merging, a corporation considering a merger should consult a lawyer who is experienced in mergers and acquisitions law.
Business Formation
Business Disputes
Our firm advises and represents companies and entrepreneurs with a broad range of business related services. We advise business owners, entrepreneurs and managers on business law, start-up assistance including the formation of an entity and on the protection of a trademark or license agreement. We also assist with the process of buying or selling a business.
We handle all kinds of civil litigation cases for both plaintiffs and defendants. Our attorneys appear in courts throughout Michigan, as well as in the federal courts. Litigation specialties include business disputes, real estate disputes, disputes among individuals, probate disputes, controversies involving end-of-life decision making, and health care disputes. We also handle medical staff privileges and credentialing issues, and other disputes arising in the health care arena.
Premises Liability
Our civil litigation attorneys work closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment,or personal dispute that is the subject of litigation.  We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court (bench) trials in state and federal court as well as proceedings before appellate courts. We help clients prepare their cases and counsel them on steps and procedures involved. A skilled civil litigation attorney can help clients leverage their negotiating position to reach a beneficial settlement which may be the most appropriate and economical manner of handing certain cases. However, when a dispute cannot be resolved satisfactorily, taking a case to court may be the best or only option.
Construction Litigation
Real Estate Transactions
The closing is a final meeting of all the parties involved in the real estate transaction. Attorneys for buyer, seller and bank convene with sellers and buyers to sign and officially transfer title to the buyers. A representative of the title insurance company will also be present to facilitate the transfer of title. The title company is also responsible for recording the new deed.
Yes, you should still establish a Special Needs Trust to protect your disabled beneficiaries from potential creditors. For example, if your disabled beneficiaries are ever sued in a personal injury action, the assets in the trust would not be available to the plaintiffs. Furthermore, because the funds in the Special Needs Trust are not countable as available assets for purposes of determining government benefit eligibility, more of your money can be used for those supplemental expenditures that will allow your disabled beneficiary to enjoy a higher quality of life. Otherwise, much of your assets will be used to pay for private care benefits that are extremely expensive and can drain even significant sums of money over time.
While nobody wants to think about death or disability, establishing an estate plan is one of the most important steps you can take to protect yourself and your loved ones. Proper estate planning not only puts you in charge of your finances, it can also spare your loved ones the expense, delay and frustration associated with managing your affairs when you pass away or become disabled.
Wills
A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.
Trusts
Count on our legal team to prepare wills, trusts, and other documents that are part of a complete estate plan. We handle probate and trust administration and probate issues of all kinds, including...
Power of Attorney
Future Durable Power of Attorney that only comes into effect upon your subsequent disability as determined by your doctor. When you appoint another individual to make financial decisions on your behalf, that individual is called an agent or attorney in fact. Most people choose their spouse or domestic partner, a trusted family member, or friend.