Nunneley, Hirt, & MacArthur

Estate Planning & Elder Law Attorneys in Mount Clemens, Michigan

Estate planning can involve decisions about what happens after death, but it can also become critical while someone is still living. An older adult may be concerned about the cost of long-term care and Medicaid eligibility. Parents may want to provide for a child with special needs without disrupting government benefits. A business owner may need to determine how ownership will eventually pass, while another family may need help administering an estate or trust after a death.

Nunneley, Hirt & MacArthur provides estate planning, elder law, Medicaid planning, probate and trust administration, guardianship and conservatorship, business succession, and related tax services from its Mount Clemens office.

Attorney John F. MacArthur focuses his practice in areas including wills, trusts and estate planning, elder law and Medicaid planning, taxation, business law, nonprofit organizations, and real estate. The firm's history in Mount Clemens dates to 1903.

Building an Estate Plan for Property, Family and Incapacity

Nunneley, Hirt & MacArthur prepares both will-based and trust-based estate plans.

The firm's planning services include wills, trusts, durable powers of attorney, and medical powers of attorney and patient advocate designations. These arrangements allow clients to address both the eventual transfer of property and who should have authority to act if incapacity prevents them from handling important matters personally.

Trust-based planning can also require attention to how assets are owned. The firm assists with trust funding so that property intended to be governed by a trust is appropriately incorporated into the plan.

Estate planning can therefore address several stages of a client's life rather than focusing solely on the distribution of property after death.

Long-Term Care and Medicaid Planning

Nunneley, Hirt & MacArthur has a dedicated elder-law and Medicaid-planning practice for older adults and families concerned about future care needs.

The firm's work includes long-term-care asset-protection planning and assistance with Medicaid applications, obtaining approval, and maintaining benefits. It advises clients concerning the distinction between countable and non-countable assets when evaluating Medicaid eligibility.

These issues can become particularly important when nursing-home or other long-term-care needs place substantial financial pressure on an individual or married couple.

Planning before care becomes an immediate crisis can provide an opportunity to evaluate property, existing estate arrangements, and potential Medicaid considerations together.

John MacArthur is a member of the National Academy of Elder Law Attorneys and includes elder law and Medicaid planning among the principal areas of his practice.

Using a Lady Bird Deed as Part of the Plan

Real estate can require particular attention when families are considering both estate planning and long-term-care concerns.

Nunneley, Hirt & MacArthur prepares Lady Bird deeds. This form of deed can be used in appropriate circumstances to establish how Michigan real estate will transfer at the owner's death while allowing the owner to retain specified rights during life.

For many families, a home is one of their most significant assets. Decisions about how it is owned and ultimately transferred can therefore be an important part of the broader estate plan.

The firm's work in estate planning, elder law, and real estate allows these property issues to be addressed alongside the client's other planning concerns.

Providing for a Family Member With Special Needs

An outright inheritance may require additional consideration when the intended beneficiary has special needs and receives government assistance.

Nunneley, Hirt & MacArthur prepares special-needs trusts for families seeking to provide financial resources for individuals with physical, emotional, or developmental challenges while considering eligibility for state and federal benefits.

This type of planning can be important for parents and other relatives who want an inheritance to supplement the beneficiary's existing resources rather than unintentionally interfere with assistance on which the beneficiary relies.

The family can also address who will be responsible for managing trust property and carrying out the plan for the beneficiary over time.

Administering an Estate After a Death

Nunneley, Hirt & MacArthur represents personal representatives responsible for probate and estate administration.

A personal representative may need to handle unfamiliar legal and financial responsibilities while also dealing with the death of a family member. Estate property must be administered according to the applicable estate plan and Michigan probate requirements before administration can be completed.

The firm's probate work is concentrated primarily in Macomb, Wayne, Oakland, and St. Clair counties.

Its services also include preparation of federal estate-tax returns when required, allowing tax obligations arising during administration to be addressed as part of settling the estate.

Taking Responsibility for a Trust

The firm also represents trustees responsible for trust administration.

A trust may allow appropriately held property to be administered outside routine probate, but someone still needs to take responsibility for carrying out its terms after the person who created it dies.

The trustee may need to manage property, address the interests of beneficiaries, and make distributions according to the instructions established in the trust.

Nunneley, Hirt & MacArthur advises trustees through these administrative responsibilities as part of its broader trusts and estates practice.

Guardianships and Conservatorships for Vulnerable Family Members

Some families need Probate Court involvement because an individual can no longer adequately manage personal or financial affairs.

Nunneley, Hirt & MacArthur handles guardianships and conservatorships.

A guardian can be appointed to address personal decision-making for someone who requires assistance, while a conservator can receive authority over property and financial matters.

These proceedings differ from powers of attorney and patient advocate designations established voluntarily in advance. Guardianship or conservatorship may become relevant when court-established authority is necessary to protect or assist the individual.

The firm's combination of advance incapacity planning and Probate Court representation allows it to assist families both before and after the need for decision-making assistance arises.

Passing a Family Business to the Next Generation

For owners of closely held and family businesses, estate planning may also need to address what happens to the company.

Nunneley, Hirt & MacArthur handles business succession planning and the transfer of family-owned businesses. Its business services include buy-sell agreements and other transactions that can be relevant when establishing how ownership will change in the future.

Succession planning allows an owner to consider who should eventually own or control the business and how that transition should occur.

John MacArthur's practice includes both estate planning and business law, allowing ownership succession to be considered alongside the owner's personal estate plan rather than as an unrelated issue.

Tax Considerations in Estate and Wealth-Transfer Planning

Tax issues can be an important component of estate planning for some individuals and families.

Nunneley, Hirt & MacArthur handles estate and tax planning, including planning for taxable and non-taxable estates and tax-deferred benefits. The firm also prepares federal estate-tax returns as part of its estate administration services when required.

John MacArthur earned an LL.M. in Taxation from Wayne State University Law School and is admitted to practice before the United States Tax Court.

His practice combines taxation with estate planning, elder law, business law, and related matters, allowing tax considerations to be incorporated into planning when relevant to the client's circumstances.

More Than a Century in Mount Clemens

Nunneley, Hirt & MacArthur traces its history to 1903 and describes itself as Macomb County's oldest continuously operating law firm.

John F. MacArthur is a lifetime Mount Clemens resident. In addition to his estate planning, elder law, Medicaid, tax, and business work, he is a member of the Macomb County Probate Bar Association, the Financial and Estate Planning Council of Macomb, and the National Academy of Elder Law Attorneys. He is also accredited by the Department of Veterans Affairs to handle veterans-benefit claims.

The firm's broader practice includes business law, real estate, taxation, nonprofit organizations, and related matters in addition to its estate, probate, and elder-law services.

Serving Mount Clemens and Surrounding Counties

Nunneley, Hirt & MacArthur is located at 176 South Main Street, Suite 1 in Mount Clemens. Its probate practice includes matters primarily in Macomb, Wayne, Oakland, and St. Clair counties.

Practice Areas

• Estate Planning

• Wills

• Trusts

• Trust Funding

• Durable Powers of Attorney

• Medical Powers of Attorney

• Patient Advocate Designations

• Elder Law

• Medicaid Planning and Applications

• Long-Term-Care Asset Protection Planning

• Lady Bird Deeds

• Special-Needs Trusts

• Probate and Estate Administration

• Trust Administration

• Guardianships

• Conservatorships

• Business Succession Planning

• Estate and Gift Tax Planning

• Federal Estate-Tax Returns

• Tax-Deferred Benefit Planning