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.

University of Michigan Law School

J.D.

1971

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.

Real Estate Broker

Michigan Department of Licensing and Regulatory Affiars

2001

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

Michigan

State Bar of Michigan

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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

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