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.

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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. Is naming my spouse as a beneficiary mandatory in marriage?

July 14, 2025

A: In most states, you are not legally required to name your spouse as a beneficiary of your assets unless specific circumstances or legal provisions apply. But, a spouse usually has certain rights to a share of the estate through intestate succession, homestead allowance, exempt property, or family allowance. However, these rights can be waived through a written agreement or waiver signed by the spouse after fair disclosure. Such a waiver can include a renunciation of all benefits that would otherwise pass to the spouse by intestate succession or a will executed before the waiver.

In the context of retirement benefits, the states' laws commonly provide that if a married individual elects a retirement payment option that does not name their spouse as the beneficiary, the election is not effective unless the spouse consents in writing. This requirement may be waived by the retirement board if the spouse's signature cannot be obtained due to extenuating circumstances.

Additionally, in the case of life insurance policies, courts have held that a spouse's interest in being named as a beneficiary is generally a revocable expectancy rather than a vested right, provided the insured reserves the right to change the beneficiary. This means that a spouse does not automatically have a legal claim to be named as a beneficiary unless specific agreements or legal obligations exist, such as those arising from divorce settlements or other contractual arrangements.

Therefore, while there are legal mechanisms that may grant a spouse certain rights to assets or benefits, these rights are not absolute and can often be modified or waived.

Check with an attorney to determine the applicable laws in your state. ... Read More

Q. Seeking legal advice on medical malpractice and expert witness for baclofen/gabapentin withdrawal in Michigan.

July 11, 2025

A: This will address your concerns regarding potential medical malpractice related to your brother's withdrawal management and autonomic dysreflexia, as well as your need for expert witnesses and legal representation in Michigan:

First, under Michigan law, medical malpractice claims require the plaintiff to establish four key elements: (1) the applicable standard of care, (2) a breach of that standard by the defendant, (3) an injury, and (4) proximate causation between the breach and the injury. Expert testimony is generally required to establish the standard of care, the breach, and causation, as these matters are typically beyond the understanding of laypersons, In your case, expert witnesses specializing in baclofen and gabapentin withdrawal effects, as well as autonomic dysreflexia, will be critical to demonstrate how the hospital's actions deviated from the standard of care and caused your brother's complications. A medical malpractice firm should be able to assist you with the identification of such experts.

Second, Michigan law mandates that a medical malpractice complaint must be accompanied by an affidavit of merit (AOM) signed by a qualified health professional. This affidavit must certify that the expert has reviewed the relevant medical records and opines that the standard of care was breached, leading to the injury. The expert must meet specific qualifications under MCLS § 600.2169, including being licensed in the same specialty as the defendant (s) and having devoted a majority of their professional time to clinical practice or teaching in that specialty during the year preceding the alleged malpractice It is essential to ensure that the expert witnesses you engage meet these statutory requirements to avoid challenges to their qualifications.

Third, to find and engage a qualified medical malpractice attorney in Michigan, you should look for an attorney experienced in handling complex medical malpractice cases. Michigan law requires precise pleading of facts in medical malpractice complaints, including the duty of care, breach, causation, and damages. An experienced attorney can help you navigate these requirements, identify suitable expert witnesses, and ensure compliance with procedural rules, such as filing the AOM and adhering to the statute of limitations. The statute of limitations for medical malpractice in Michigan is generally two years from the date of the alleged malpractice or six months from when the injury was discovered or should have been discovered, whichever is later. If you haven't already done so, you will need to establish a probate estate for your brother, as soon as possible, because the nature of the lawsuit against the service providers will be based on their professional negligence and wrongful death. Your personal damages, if any, are ancillary to your brother's case.

Finally, regarding damages, Michigan law caps noneconomic damages in medical malpractice cases at $280,000, unless specific exceptions apply, such as cases involving quadriplegia or permanent cognitive impairment, in which the cap increases to $500,000. Given your brother's quadriplegic condition and the severe complications he suffered, this higher cap may be applicable.

In summary, you should promptly consult a Michigan medical malpractice attorney to evaluate your case, identify qualified expert witnesses, and ensure compliance with procedural requirements. The attorney can also assist in determining the appropriate damages cap and pursuing your claim effectively.

Our firm can provide you with assistance with the establishment of a probate estate. Medical malpractice is a specialty that only a few firms practice. We can assist with identification of the proper attorneys. ... Read More

Q. Dispute in LLC partnership, should I walk away or pursue my 50%?

July 10, 2025

A: To address your situation, as a 50% owner of an LLC without an operating agreement, you have several legal options to consider for leaving the business while protecting your ownership stake.

First, under most state's law, the dissolution of an LLC is governed by the their Limited Liability Company Act. Since your LLC lacks an operating agreement, the articles of organization and statutory provisions will dictate the dissolution process.

Accordingly, an LLC can be dissolved through unanimous member consent, a judicial decree, or other events specified in the articles of organization.

In your case, if you and your business partner agree, you can voluntarily dissolve the LLC. Alternatively, you may petition a court with appropriate jurisdiction for a judicial dissolution if the LLC is unable to carry on business in conformity with its articles of organization..

If you pursue dissolution, the LLC's assets, including the $70,000 worth of equipment and $100,000 in the business account, must be collected and used to satisfy any liabilities. After liabilities are settled, the remaining assets will be distributed to the members in proportion to their ownership interests, which in your case would be 50%. Additionally, you may need to provide written notice of dissolution to claimants and publish notice in a local newspaper, as required by statute.

If you prefer not to dissolve the LLC, you may consider negotiating a buyout of your 50% ownership stake. In the absence of an operating agreement, the buyout terms would need to be agreed upon by you and your partner. Alternatively, you could seek judicial intervention if your partner's actions are illegal, fraudulent, or constitute willfully unfair and oppressive conduct. The court may order the purchase of your interest at fair value or provide other appropriate relief.

Lastly, if you decide to withdraw from the LLC without dissolving it, most states's statutes require an unanimous member approval for any distributions to you before the LLC's dissolution. This means you would need your partner's consent to receive any immediate financial compensation for your stake.

Do not engage in self help techniques, such as taking control of the bank account because that may cause you to incur liabilities for interfering wiht hte company's buisness, On the other hand, an attorney can file a suit to partition the LLC and freeze the accounts, if there is a showing that the business is not able to continue and you have reasonable reasons to believe that the assets may be secreted away, misappropriated or embezzled by your co-member.

In summary, your options include negotiating a voluntary dissolution, seeking judicial dissolution, pursuing a buyout of your ownership interest, or withdrawing with your partner's consent. Each option has specific legal and procedural requirements, and it is advisable to consult with an attorney to ensure your rights and interests are fully protected throughout the process. ... Read More