Edward Gudeman

Gudeman & Associates, P.C. is a team of knowledgeable attorneys who assist individuals, families and businesses. For over 45 years, we have used our experience, expertise and knowledge of laws to ensure Michigan residents, their families and business are protected. Gudeman attorneys possess a comprehensive background in multiple practices including Estate Planning, Business Planning, Federal and State Taxation, Real Estate and other legal services.

• Free Consultation
  All consultation's are obligation free! In your initial client meeting, you will have an opportunity to meet with an attorney to discuss your situation and legal options. If you choose not to move forward with our firm, there are no charges associated with your initial consultation.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Contact for details.

Michigan

State Bar of Michigan

President/Managing Attorney

Gudeman & Associates, P.C.

1971 - Current

Edward Gudeman graduated from the University of Michigan Law School at twenty-three years of age. He has practiced in many areas of the law and is an experienced, knowledgeable and aggressive practitioner.

University of Michigan Law School

J.D.

1971

American Bankruptcy Institute

Member

2009 - Current

Consumer Bankruptcy Association

Member

2007 - Current

United States Supreme Court Bar

Member

1978 - Current

United States Tax Court

Member

1975 - Current

6th Circuit Court of Appeals

Member

1975 - Current

Real Estate Broker

Michigan Department of Licensing and Regulatory Affiars

2001

Q. Costs and benefits of setting up a simple trust vs. a will.

July 27, 2025

A: To address your question regarding the costs and advantages of establishing a simple trust compared to a will in Michigan:

Establishing a simple trust typically involves initial costs such as attorney fees for drafting the trust document, which can range from a few hundred to several thousand dollars depending on the complexity of the trust and the attorney's rates. Additionally, there may be costs associated with transferring assets into the trust, such as deed preparation fees for real estate or retitling fees for other assets. Once the trust is established, there may also be ongoing administrative costs, such as trustee fees, accounting fees, and potential tax preparation costs. A simple trust, as defined under the Internal Revenue Code, requires all income to be distributed currently, does not distribute principal, and does not make charitable distributions. It is entitled to an annual personal exemption deduction of $300, which is higher than the $100 deduction for complex trusts.

The advantages of a simple trust for beneficiaries compared to a will include the immediate vesting of interests in the trust assets, even if the enjoyment of those assets is postponed until after the settlor's death. This contrasts with a will, which only takes effect upon the testator's death and does not vest any interests in beneficiaries until that time. A trust can also provide more control over the distribution of assets, allowing the settlor to specify how and when beneficiaries receive their inheritance. Additionally, a trust can help avoid probate, which can save time and reduce costs for beneficiaries. Probate proceedings can be lengthy and public, whereas a trust allows for a more private and efficient transfer of assets.

In summary, while a simple trust may involve higher initial and ongoing costs compared to a will, it offers significant advantages for beneficiaries, such as immediate vesting of interests, avoidance of probate, and greater control over asset distribution. These benefits can make a simple trust a more favorable option depending on your specific circumstances and goals for your beneficiaries. ... Read More

Q. Am I obligated to provide my visiting sister free accommodation?

July 27, 2025

A: The individual holding power of attorney (POA) for their mother is not legally obligated to provide free accommodation to their sibling during the sibling's visit to the property owned by the mother. The POA grants the individual authority to manage the mother's financial and medical affairs, including decisions related to the property, but it does not impose a duty to provide free lodging to family members. Michigan law does not establish a legal obligation for family members to provide accommodations to other family members unless there is a specific legal or contractual obligation, which is not indicated in this scenario.

The rights and responsibilities of the individual holding the POA concerning the property are primarily to act in the best interests of the mother, as the property remains under her ownership while she is in the nursing home. The POA allows the individual to manage the property, including its use and maintenance, but this authority must align with the mother's best interests and any specific instructions she may have provided. The case law in Michigan confirms that granting a durable POA to a family member is a means of effectively managing property and financial affairs, as long as the actions taken are in the principal's best interests.

In summary, the individual is not legally required to provide free accommodation to their sibling, and their responsibilities as the holder of the POA are limited to managing the property in a manner that benefits the mother. The sibling's request for free lodging does not fall within the scope of the individual's legal obligations under the POA . ... Read More

Q. How to manage $25k debt with multiple creditors and lawsuits?

July 18, 2025

A: The circumstances that you have described, in particular your limited ability to pay, leads to the conclusion that you should seriously consider filing either a petition in bankruptcy under Chapter 7 or 13.

The appropriate chapter must be determined through a deeper analysis of the facts and circumstances, but importantly, both procedures afford you protection under what is called the "automatic stay". The automatic stay is akin to an injunction which bars your creditors from proceeding against you and gives you the opportunity to analyze what steps should be taken to assist you. It will stay the scheduled bench trial, meaning it will be indefinitely adjourned until your overall situation is resolved.

If you file a Chapter 7 bankruptcy, all your unsecured debt might be discharged. Your secured debt has to be dealt with also, but you may be able to exempt a significant amount of property from being reached by the Trustee in Bankruptcy.

In a Chapter 13, you would file a plan as to how you will address the various creditors that you have.

Again, each case is different and you should immediately consult with an attorney in the Holland area.

Do not sign any consent judgments or other forms of settlement before seeking professional help from a qualified bankrutpcy attorney!! ... Read More