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. Do I owe taxes on life insurance money received from uncle?

June 18, 2025

A: The fact that the beneficiary was changed after your Grandpa's death certainly raises issues. Your uncle's power of attorney would not have been in effect, if the principal was already deceased because death of the principal would negate the power of attorney. This raises questions of who owned the policy, who were the beneficiaries prior to your uncle's change of beneficiary and, in general, whether or not your uncle could legally do what you have described.

Also, if your uncle changed the beneficiary to himself and then distributed the proceeds to you and others, that would constitute a gift from your uncle, not a distribution from the life insurance policy. Gifts are not subject to income tax, but depending on the size of the gift, there may be estate and gift tax consequences to your uncle.

The foregoing notwithstanding, as a general rule, however, life insurance proceeds distributed to beneficiaries are not subject to federal or state income taxes.

According to federal tax law, the proceeds of life insurance policies paid upon the death of the insured to individual beneficiaries are exempt from taxation. This principle is supported by case law, which emphasizes that such proceeds pass by the terms of the insurance contract and not through the decedent's estate or intestate laws, making them tax-free unless otherwise specified by statute.

Regarding your right to request documentation, as a beneficiary, you may have a right to request relevant documents, such as the will or other records, to ensure transparency in the distribution of the life insurance proceeds. If your uncle acted as the power of attorney for your grandfather, his actions, including changing the beneficiaries, may be subject to scrutiny to ensure they were in line with his fiduciary duties. If you suspect any impropriety or require further clarification, you may consider consulting an attorney to formally request documentation or initiate legal proceedings to obtain the necessary records.

In summary, the life insurance proceeds you received are likely not subject to income tax, but you may have rights to request documentation from your uncle to verify the propriety of his actions as the power of attorney. Consulting with a legal professional is advisable to address any concerns or pursue further action if needed. ... Read More

Q. Can a successor patient advocate in Michigan access the same info as a primary advocate?

June 11, 2025

A: The successor patient advocate in Michigan does not automatically have the same rights to access patient information as the primary patient advocate unless specific conditions are met. Under Michigan law, a successor patient advocate only assumes the powers and responsibilities of the primary advocate if the primary advocate is unable to act due to incapacity, resignation, or removal, as outlined in

MCLS 700.5507. Therefore, the successor advocate cannot access the same level of information as the primary advocate unless they are actively serving in the role of patient advocate.

The written agreements defining the roles of the primary and successor advocates are critical in this situation. If the agreements explicitly grant the successor advocate access to patient information while the primary advocate is still serving, this could provide a legal basis for such access. However, absent such provisions, the successor advocate's access is limited to when they are acting as the patient advocate, as per the statutory framework

MCLS 700.5507, MCLS 700.5509.

Additionally, the primary advocate is required to act in accordance with the patient’s best interests and known desires, as stated in MCLS 700.5507 and MCLS 700.5509. If the primary advocate’s refusal to share information with the successor advocate is inconsistent with the patient’s best interests or expressed wishes, this could potentially be challenged

MCLS 700.5507, MCLS 700.5509.

In conclusion, the successor patient advocate does not have the same access to patient information as the primary advocate unless the primary advocate is unable to act or the written agreements explicitly provide for such access. The matter should be reviewed in light of the written agreements and the patient’s expressed wishes to ensure compliance with Michigan law and the patient’s best interests. ... Read More

Q. How can my father legally resolve a business dispute with his brother?

June 10, 2025

A: Fisrt of all, the relevant law in Canada my differ substantially from that in the United States. This author is not licensed to practice law in Canada, but I am providing this answer based on general principals of U.S. common law.

To address your father's business dispute with his brother, the following legal steps and considerations are relevant:

First, since the business is registered solely in your father's name and he made all financial investments, it is crucial to determine whether a formal partnership agreement exists. If there is no written agreement, the legal framework governing partnerships in Ontario, Canada, will apply. In general, partnerships are governed by the Ontario Partnerships Act, which outlines the rights and obligations of partners, including provisions for dissolution and dispute resolution.

If your father wishes to remove his brother from the business, he may need to dissolve the partnership. Dissolution can occur if the partners cannot work together due to irreconcilable differences, as seen in cases where disputes or misconduct make it impracticable to continue the partnership. To dissolve a partnership, your father would have to admit that there is a partnership, regardless of whether or not a written partnership agreement exists. The usual technique is to sue for a partition of the assets of the partnership.

Upon dissolution, the business assets and liabilities are typically accounted for, and the remaining assets are distributed among the partners based on their respective interests. If your father is the sole registered owner and has made all financial contributions, he may have a stronger claim to the business assets, but this would need to be clarified through legal proceedings or negotiation.

Regarding the sale of the business, your father may have the right to sell the business as the registered owner. However, if the brother claims an ownership interest, this could complicate the sale. In such cases, the court may need to intervene to resolve disputes over ownership and determine the value of each party's interest in the business. U. S. Courts have recognized that exiting partners can either allow the business to continue and claim their share as creditors or force the business to wind up and take their share of the proceeds

To resolve the dispute, your father could consider alternative dispute resolution methods, such as mediation or arbitration, which are often faster and less costly than litigation. These methods are recognized as effective ways to settle partnership disputes and can be used to reach a mutually agreeable solution.

For accessing free or low-cost legal support, your father can explore community legal clinics in Ontario, which provide assistance to individuals with limited financial resources. Additionally, the Law Society of Ontario offers a lawyer referral service that provides a free initial consultation. These resources can help your father understand his legal rights and options.

In summary, your father can legally address the dispute by suing to dissolve the partnership, negotiating a buyout, or selling the business, depending on the circumstances.

Seeking legal advice from a qualified attorney in Ontario is essential to navigate the complexities of partnership law and protect his interests effectively. ... Read More