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Edward Gudeman

Edward Gudeman

Metro Detroit's Most Experienced Estate Planning and Business Attorney
  • Estate Planning, Business Law, Tax Law ...
  • Michigan
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Biography

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.

Education
University of Michigan Law School
J.D.
University of Michigan Law School Logo
Professional Experience
President/Managing Attorney
Gudeman & Associates, P.C.
- 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.
Certifications
Real Estate Broker
Michigan Department of Licensing and Regulatory Affiars
Professional Associations
American Bankruptcy Institute
Member
- Current
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Consumer Bankruptcy Association
Member
- Current
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United States Supreme Court Bar
Member
- Current
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United States Tax Court
Member
- Current
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6th Circuit Court of Appeals
Member
- Current
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State Bar of Michigan
Member
- Current
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Eastern District of Michigan
Member
- Current
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Jurisdictions Admitted to Practice
Michigan
State Bar of Michigan
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Fees
  • 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.
Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Tax Law
Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
Bankruptcy
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Collections
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Cannabis & Marijuana Law
Marijuana Business Formation, Medical Marijuana
Probate
Probate Administration, Probate Litigation, Will Contests
Languages
  • English: Spoken, Written
Legal Answers
Q. Can a successor patient advocate in Michigan access the same info as a primary advocate?
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.
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Q. How can my father legally resolve a business dispute with his brother?
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.
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Q. Can Chapter 7 bankruptcy in Michigan take my car valued at $2,000?
A: Both the federal and the state exemptions would cover the value of your car. There are two sets of exemptions that can be used by a Debtor to exempt property from being included in the bankruptcy estate. Either one should suffice to protect your interest in your car and allow you to retain it.
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Websites & Blogs
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Website
Contact & Map
1026 W. Eleven Mile Road
Royal Oak, MI 48067
US
Telephone: (248) 546-2800