SERVING SOUTHEAST MICHIGAN

Elder Law Attorneys
Work with family caregivers to find solutions that work. Our Elder Law attorneys help families secure Medicaid and Veterans Benefits without spending down family assets. In addition, we leverage our elder care referral network to identify the very best senior care resources in Metro Detroit.
Through the marvels of modern medicine, Americans are living longer than ever. Unfortunately, living longer does not always mean living better. Today’s senior commonly require some form of long-term care, ranging from part-time at-home care, to round-the-clock custodial care in a nursing home.
- Jeff Michalowski concentrates his practice in:
● Elder Law-nursing home, disability and long term care planning.
● Probate-assisting families with their loved one's estates in the
event he or she is disabled or after he or she passes.
● Estate Planning-maximizing an estate, while avoiding probate.
● Corporate Law and Business Consulting
Prior to establishing Serafini, Michalowski, Derkacz & Associates, P.C.,
Jeff worked as a business and tax consultant for a large regional
accounting firm, represented corporate clients at a corporate boutique
law firm, and, assisted families and individuals facing nursing home
planning options at a firm that specialized exclusively in elder law.
Born and raised in Macomb County, Jeff now makes his home in
Washington Township with his wife Kristina.
EDUCATION
J.D., Wayne State University Law School
B.B.A., Adrian College
PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS
State Bar of Michigan
Macomb County Bar Association
National Academy of Elder Law Attorneys
Toll Free: (866) 529-3537
Phone: (586) 264-3756
jeffm@smdalaw.com - Phil Serafini [+]Phil Serafini concentrates his practice in:
● Personal Injury - Auto Accidents, Premises Liability,
Medical Malpractice & Product Liability
● Long Term Disability Insurance Claims
● Family Law - Divorce, Child Custody, Friend of the Court Matters
● FELA
● Jones Act & Admiralty Law
● General Litigation
● Corporate Law and Business Consulting
Outside the office, Phil enjoys spending time with his wife and three children. He enjoys coaching his sons' hockey teams in Troy and raising money for various charities, including the Muscular Dystrophy Association.
EDUCATION
J.D., Wayne State University Law School, 1991
B.A., Michigan State University
Toll Free: (866) 529-3537
Phone: (586) 264-3756
Email: psslaw@msn.com - Patrick J. Derkacz [+]Patrick concentrates his practice in:
● Long Term disability Insurance Claims
● Internet Sweepstakes & Commerce
● Medical Malpractice
● Personal Injury
● General Litigation
Prior to establishing Serafini, Michalowski, Derkacz & Associates, P.C.,
Pat represented a variety of clients at firms in the Metro Detroit Area.
Born and raised in Macomb County, Patrick now makes his home in
Rochester Hills with his wife and children.
Patrick enjoys working on classic cars and spending time with his family.
EDUCATION
J.D., Detroit College of Law at Michigan State University cum laude
B.S., Eastern Michigan University
PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS
State Bar of Michigan
Oakland County Bar Association
Michigan Trial Lawyers Association
Toll Free: (866) 529-3537
Phone: (586) 264-3756
patd@smdalaw.com - Kristina Barsch is an experienced lawyer with a proven track record counseling families on elder law and estate planning.
Kristina earned her law degree from the University of Detroit Mercy and her undergraduate degree from the James Madison College at Michigan State University. She is a member in good standing of the State Bar of Michigan, the National Association of Elder Law Attorneys (NAELA), the Oakland County Bar Association, the Macomb County Bar Association and the Macomb County Probate Bar Association.
Before opening her law office, Kristina was an associate at a boutique law firm in Metro Detroit where she specialized in estate planning and elder law.
A longstanding supporter of the southeast Michigan business community, Kristina is a member of the Ferndale Chamber of Commerce.
Kristina G. Barsch Attorney and Counselor
586-979-8100
Email: kristina@barschlaw.com
Matt concentrates his practice in:
● Estate Planing
● Elder Law
● Probate
● Special Needs Planning
● Real Estate
Prior to opening his own practice, Matt worked as a judicial law clerk for the Honorable James F. Nowicki, Macomb County Probate Court, Wills and Estates Division. Matt also worked for a boutique law firm prior to opening his own practice, where he specialized in elder law, probate, estate planning, and special needs planning.
Matt has spoken before a variety of public and private organizations on the topics of elder law, Medicaid planning, probate, general estate planning and special needs planning.
Matt has also appeared as a guest on the “Metro Magazine” program with Ron T. on WOMC (104.3 FM) and is the co-author of Planning Strategies for Individuals with Special Needs from Mid-Life and Beyond, Exceptional Parent Magazine, November 2008 issue.
EDUCATION
J.D., Wayne State University Law School
B.A., Wayne State University
PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS
State Bar of Michigan
National Academy of Elder Law Attorneys
Macomb County Bar Association, Probate Section
Accredited Attorney, Department of Veterans Affairs (VA)
Sterling Heights Regional Chamber of Commerce
Phone - (586)264-3756
Email - mattjoswick@joswicklaw.com
(866) 529-3537
Local:
(586) 264-3756
Fax:
(586) 264-3783
44444 Mound Rd.
Suite 100
Sterling Heights, Michigan 48314
- Estate Planning [+]A Will is not enough
A Will DOES NOT avoid Probate Court.
A Will is nothing more than your instructions to the Probate Court Judge.
Probate isn't as scary as it used to be, but, it is:
● Costly
● Public
● Time Consuming
Every interested party has a right to contest a Will.
Living Probate
Living probate is the "other side" of Probate Court.
● Who has control of your assets in the event you are disabled?
● Who has the ability to make your medical decisions if you are disabled?
Powers of Attorney avoid the necessity of "living probate."
● A General Durable Power of Attorney gives someone YOU appoint, the ability
● To manage your assets if you are disabled.
● A Patient Advocate or Medical Power of Attorney allows someone YOU
● Appoint to make your medical decisions.
Trust a Trust
There is no better way to manage your estate if you are disabled, avoid probate,
and control distribution of your estate once you are gone.
Trusts are flexible. - What can I keep? [+]Medicaid allows an individual to keep the following assets referred to as "unavailable" or "non-countable" assets:
● $2,000.00 in cash and cash equivalents
● Home (owned by an individual and not a Trust)
● Car
● Prepaid funeral planning of up to $10,560.00
● Life insurance with a face value of $1,500.0 or less
● Rental property that earns at least 6% of its equity value per year in rental proceeds
● Personal property
Medicaid allows a married couple to keep the following assets:
● $2,000.00 in cash and cash equivalents
● CSRA $19,020.00 up to $95,100.00
● Home (owned by an individual and not a Trust
● Car
● Prepaid funeral planningof up to $10,560.00
● Life insurance with a face value of $1,500.00 or less
● Rental property that earns at least 6% of its equity value per year in rental proceeds
● Personal property
● Single Premium Immediate Annuity (Medicaid Qualified Annuity)
- Helping out Dad [+]The children of an elderly man came into the office to discuss their father's recent admission to a nursing home. They explained to us that all he had left was a home and some small investments totaling $100,000.00. After meeting with the nursing home admissions staff, the family became distraught, believing that all of their father's remaining assets had to be spent on their father's care before he could qualify for Medicaid. Even worse, the family learned that they could keep their father's home, but would not have anything more than $2,000.00 of their father's money to pay for its upkeep.
However, after working together, the family saved 60% of their father's remaining $100,000.00 through systematically divesting his funds and qualifying their father for Medicaid without sacrificing his quality of care. - Family Law [+]There are two kinds of divorces in the state of Michigan. Divorces that involve children and divorces that do not involve children. These are labeled for the purposes of docket management in the Courts. Divorces without children are labeled DO. Divorces involving children are labeled DM. In either case, the court has the jurisdiction to rule on the following issues:
● Property division;
● Spousal support; (in appropriate cases)
● Marital torts; (in appropriate cases)
Gender based custody decisions are no longer a foregone conclusion in Michigan Divorce/Custody Cases. Call us today and learn how you can protect your custody rights! - General Litigation [+]Our firm has represented a variety of clients in several different matters. From business litigation, commercial disputes to defending your rights, our attorneys are prepared to bring you results. We will not pursue a cause of action that will not be to your advantage. We believe in representing clients fairly and professionally to achieve the best possible results in their favor.
- Medicaid [+]● Medicaid, not Medicare is
● Insurance for people confined to a
● Nursing home.
● You don't have to lose it all-proper planning with an elder law attorney can preserve a loved one's estate to supplement his or her care, maintain a residence, or protect an estate.
● Without proper planning, your loved one will be required to "spend down" his or her estate, leaving him or her with only $2,000.00.
● Laws are constantly changing-don't "do-it-yourself"!
- Probate [+]● Living probate is the "other side" of Probate Court.
Who has control of your assets in the event you are disabled?
Who has the ability to make your medical decisions if you are disabled?
● Powers of Attorney avoid the necessity of "living probate."
General Durable Power of Attorney gives someone YOU appoint the ability to manage your assets if you are disabled.
Patient Advocate or Medical Power of Attorney.
Probate of an Estate
[+]Allow us to assist you with your loved one's affairs. Handling a loved one's estate after he or she is gone can be a difficult and confusing process. Although the State of Michigan has streamlined probate rules, clients often become frustrated by the process.Why Should We Avoid Probate Court?
[+]● Probate Can Be Very Costly
● Probate Creates Long Time Delays
● Probate Is A Gross Invasion Of Your PrivacyProtecting Marital Assets
[+]Husband and wife were married for thirty-five years. Husband was nearing retirement from his job with Detroit Diesel. Two years prior to husband's retirement date, wife was diagnosed with Alzheimer's disease. Before wife's disease progressed, husband retained us to plan for his wife's disability and to ensure that he could afford his wife's care without jeopardizing his retirement.
By simply executing a Trust for estate planning purposes, the couple was also able to take advantage of a key Medicaid planning technique; and, as a result, when the time came to admit his wife to a nursing home, husband did not have to sacrifice his life savings to provide his wife with the quality of care she deserved.The Concerned Spouse
[+]Wife and husband lived modestly throughout the years. Tragically, after turning sixty-five, husband suffered a severe stroke rendering him incapacitated and dependent upon others for his care. Although wife was extremely healthy, she became deeply concerned that she would have to care for her husband on her own because their life savings of $400,000.00 would be spent over the course of the next five years, leaving her with nothing to maintain her quality of life.
After discussing several strategies, wife decided to employ an aggressive Medicaid planning strategy consisting of serial divestment and funding a Medicaid Qualified Annuity. As a result, wife protected their joint assets without sacrificing wife's retirement and quality of life.Long Term Disability Applications
[+]We assist you with your initial claim filing, gathering medical and other support for the claim. We manage the claims process by addressing the insurance company's requests for additional information including medical examinations or interviews.ERISA Administrative Appeals
[+]First, when a group disability claim is initially denied, we obtain the claim file and prepare a thorough administrative appeal of the claim, including obtaining medical, occupational, and legal support for your claim. Our efforts both serve to convince the insurer to reverse its denial of the claim, and reinforce the administrative record that a court views if we are forced to file a lawsuit. We have successfully convinced the insurer to reverse its decision at this early stage.
File lawsuits against Insurance companies. If the insurance company still refuses to pay your claim, we will file a lawsuit on your behalf to make them pay the improperly denied benefits.Disability Claim Litigation
[+]Your Claim has Been Rejected - Now What?
Your disability insurance premiums have been paid for years and now you have a serious injury or illness. You need to collect your long term disability benefits, but the insurance company refuses to pay.Now what?
What To Do
Don't wait to get help. You need to find a good disability insurance lawyer right away to help you with your claim.
Not all lawyers are created equal . You should find an experienced and competent disability insurance attorney to protect your rights and assist you with your claim. Not all lawyers have the necessary expertise and experience to handle long term disability insurance cases.
Knowledge is power. The more knowledgeable we become about your claim , the better we can evaluate the denial and develop a plan to make them pay. We obtain your claim file as soon as possible from the insurer to determine what information they reviewed and to gain a better understanding of the reason you have been denied. You can rest assured that your rights will be protected.
We try and get your doctors involved. Your treating physician can provide the most powerful evidence that your benefits should be paid. Many times your doctor is more than willing to help.
If possible, we also try and get your employer or co-workers involved. Many times your employer recognizes that you cannot work and believes you should receive disability benefits. We have found that a team effort most often produces the best results.
