Watch SMDA associate Sean Serafini’s April 9, 2026 argument before the Michigan Supreme Court in Frownfelter v Esurance Property & Casualty Co., et. al.

This case involves a minor child of divorced parents who was involved in an auto accident while she was a passenger in a car driven by her brother. Since her brother lived with her father, and the father owned the car, suit for her injuries had to be filed against her father. Additionally, suit was filed against both her mother’s and father’s respective no-fault insurers after they refused to pay for the child’s medical treatment and essentially just pointed the finger at each other.

There were two primary questions in this case. First, whether the minor child would get no-fault PIP benefits from her mother’s auto insurance or her father’s auto insurance. This question turned on where the child was considered “domiciled”.

The second issue was whether the minor child, who indisputably primarily lived with her mother, would be subject to a coverage reduction provision in her father’s policy of auto insurance, that would leave her father with only $20,000.00 of liability coverage instead of the $250,000.00 of coverage that he had purchased. This determination turned on the definition of “resident” in the policy of insurance that Esurance had written and issued to the father. Accordingly, this finding would also determine the amount the minor child, who suffered serious injuries to her spine, would be able to recover under the insurance policy.

Both the trial court and Court of Appeals held that the minor child’s domicile was with her father, because she had spent the night before the collision at her father’s house. Similarly, the Court of Appeals upheld the trial court’s ruling that the child was a “resident” of her father’s house, such that the coverage reduction provision applied. SMDA appealed this decision to the Michigan Supreme Court, which agreed to hear oral argument on the matter.

On April 9, 2026, Mr. Serafini argued for reversal of the lower court decisions before the Supreme Court. Regarding the first issue, Mr. Serafini argued that although the lower courts had incorrectly applied the existing test used to determine the domicile of a minor child of divorced parents, the Supreme Court should re-write the rule complete, as it had led to numerous conflicting Court of Appeals opinions in the previous few years. Amicus briefing in support of this position was submitted by the Family Law Section of the State Bar of Michigan and the Michigan Association for Justice.

On the second issue, Mr. Serafini argued that Esurance should be forced to provide the $250,000.00 that the child’s father had bought and paid for. Though Esurance failed to define the term “resident” in the policy, Esurance argued that the term should be given the broadest meaning possible, such that the child would be considered a resident of her father’s household, when she did not live there and only visited about one weekend per month.

Mr. Serafini asserted that Esurance, with a team of coverage attorneys and underwriters, had no excuse for not defining the term “resident” if they truly intended to expand the term resident to include a person who spends a couple of nights per month at another family member’s house. However, since Esurance did not define the term, it was ambiguous, or subject to multiple meanings, as a matter of law. Mr. Serafini argued that because the Supreme Court has long held that any ambiguity in an insurance contract must be construed against the drafter of that contract, which was Esurance, and because the Court has repeatedly stated that insurance contracts should be construed in favor of providing coverage, the child’s father should get what he thought he was paying for: $250,000.00 of liability coverage.

The Michigan Supreme Court is expected to issue either a written order or opinion detailing its decision within the next few months.

Click here to read more about Attorney Sean Serafini.

• Disability Insurance Claims
• Elder Law
  • Asset Protection & Nursing Home Planning
• Estate Planning
  • Probate
• Family Law
  • The Divorce Process Options
• Personal Injury
  • Dog Bites
  • Slip and Fall
  • Wrongful Death
• Car Accidents
• Truck Accidents

His long and storied career as a journalist, broadcaster and TV personality began on the radio in 1962 with “Ask Your Neighbor“. The show continued to air, in one way or another, most recently on WNZK 690 AM, for well over fifty (50) years. Bob, also enjoyed some local fame as the host of “Bowling for Dollars”which aired locally on “channel 4” before it became WDIV. He worked throughout the metro-Detroit area and touched many listeners and viewers with his friendly voice and honest answers.

Our firm is proud to have been a regular contributor on the Ask Your Neighbor show during the legal hour, in the past, as a guest contributing host. As a guest host, we got to know Bob and his son Rob extremely well and truly feel like we lost a great neighbor.

Knowing Bob, he would want us all to keep being “Good Neighbors” taking care of each other and keep trading those tips and recipes to make life a little brighter each day!

Pursuant to Section 4 paragraph (b) the firm has identified its essential employees necessary to conduct minimal business transactions, like banking, payroll processing, employee benefits and ensuring that those of us that are working from home have the ability to work remotely. Each designated employee has a “transit letter” within his or her possession.

For compliance with the executive order the following information is available:

• Each shareholder/partner shall be present at the office during limited times and alternating in the days each is present. This is necessary to process checks, payments, and to provide support to other employees working remotely. Non-shareholder attorneys will be working remotely and shall not be present in the office.
• Our office manager shall be present during limited hours during the day to assist with minimal business transactions including payroll and banking.
• Only one of our two remaining working administrative assistants shall be present in the office during limited times to assist with processing mail and supporting the other attorneys working from home.

To protect the privacy of the individuals working in such capacity, government officials and or authorities may contact the firm. This notice is intended to comply with Executive Order 2020-21 4(b) which provides:

“Businesses and operations must make such designations in writing, whether by electronic message, public website, or other appropriate means. Such designations, however, may be made orally until March 31, 2020 at 11:59 pm.”

For years, the IRS allowed beneficiaries of an individual retirement account (IRA) to defer their receipt of income over their individual lifetimes through the use of the stretch distribution provision. This is no longer possible as the act changes the way in which a beneficiary can elect to receive his or her own share of a decedent’s account: either as a lump sum distribution or as a ten (10) year plan of distribution. The inherited “stretch” IRA is no longer an option after January 1, 2020. As a result, the government will begin to receive more taxes from inherited income beginning 2020 moving forward.

The act does provide some relief as it puts off the age for required minimum distributions (RMDs) until the age of 72, if you have yet to begin receiving your RMDs prior to 2020. It also repeals the maximum age of which a person can contribute to his or her IRA; allows for expansion of 529 plans; and, provides credits to small businesses that setup automatic enrollment into their retirement plans.

Overall, the act appears to be designed to force recognition of income that could otherwise be deferred over a beneficiary’s lifetime. How will this affect your individual estate plan and family wealth planning? We have some answers…

• You may wish to consider engaging in five (5) year longterm care planning to help protect non-IRA assets while using your IRA assets to help fund your own care.
• You may wish to consider “stream-lining your estate planning by using probate avoidance techniques like beneficiary designations, enhanced life estate deeds and joint ownership.
• You may wish to designate trusts, under certain circumstances, as beneficiaries to help protect minors from financial misuse of inherited assets.

If you have questions, we are here to help. Please call 866-529-ELDR or locally, in the metro-Detroit area, at 586-264-3756 to schedule your free consultation.

Among the changes:

• A three (3) lookback period.
• Changes to who can be a caregiver.
• A new “bright-line asset test” of $126,420.00

Following these changes, more people were able to apply and receive benefits without planning. However, planning is still important to not only remain eligible to receive benefits , but to also begin planning for Medicaid benefits–if nursing home care will be required in the future.

Most strategies will still involve supplementing your estate plan with an irrevocable trust to not only protect the assets that you have if you are under the new $126,420.oo threshold, but to also protect your home if in the event that it is sold AFTER you have already qualified for these benefits.

If you are residing in Michigan, a veteran, or family of a veteran either receiving these benefits or in need of VA A&A benefits, then you should call our office to learn more about longterm care planning. 866-529-ELDR or 586-264-3756.

If your parents are at the age when illnesses and medical conditions are a concern, you will have worries about the costs of long-term care. One of the biggest problems confronting senior citizens today is the extraordinary cost of this care. Such costs can exceed one’s entire lifetime savings. When proceeds come to an end, the only option may be to apply for Medicaid.

However, while Medicaid does pay the costs of long-term care, eligibility is complex. One of the eligibility requirements is that the amount of assets your parents can own individually and jointly is extremely limited.

“Look-back” period

There are a variety of ways to protect your parents’ assets without jeopardizing Medicaid eligibility. However, it requires significant planning to accomplish this goal. And it’s not something you will want to do yourself. When your parents apply for Medicaid, the Deficit Reduction Act of 2005 grants Medicaid personnel the authority to minutely scrutinize all of your parents’ financial or financially related documents. These personnel can look back five years to scrutinize property transfers or other financial transactions that may indicate an attempt to reduce the amount of assets to qualify for Medicaid benefits. Suspicious transactions could result in denial of your parents’ application.

Irrevocable trust

Your best strategy is to encourage your parents to start planning now. While many planning tools exist, one of the best is an irrevocable trust. The moment your parents place chosen assets in an irrevocable trust, they no longer own them personally. The trust owns them instead. While no longer owning the assets, they can in the right circumstances receive income from any income-producing assets within the trust.

Creation of an irrevocable trust is an extremely serious decision on your parents’ part. As its name implies, once they transfer their assets into the irrevocable trust, they cannot revoke it or change it. They must rely on the trustee to provide for them in accordance with the trust’s provisions. For this reason, choosing the trustee is a critical decision. Some people designate a trusted adult child as their trustee, and others designate a bank or financial institution. Still others designate their family attorney.

It’s important to strongly encourage your parents to think carefully about Medicaid planning. Everything must be in place at least five years before your parents apply for Medicaid, and five years is not a very long time.

This is a wonderful organization and our firm is proud and privileged to be a sponsor and a part of helping achieve its mission.

Learn more about this great organization by visiting their website at www.believeinmiracles.org

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You may be over at a friend’s house when, out of nowhere, an otherwise friendly dog bites you. Over 4.5 million Americans receive dog bites each year, shares the American Veterinary Medical Foundation. While a decent amount are superficial wounds that do not require any medical attention, plenty of people need to go to the emergency room to address the wound.

You are put between a rock and a hard place when a friend’s dog bites you. You want compensation for your injury, but you also do not want to damage the friendship. During this time, the most important thing is your health, and you should take the following steps after suffering a dog bite.

Get medical attention

Either drive yourself to the nearest medical facility or contact an ambulance. You should not apply Mercurochrome, hydrogen peroxide or rubbing alcohol to the wound as this can impede healing. Before you reach the doctor’s office, you should also take pictures of the wound. This will help for insurance purposes.

File a lawsuit

Review your legal options. Filing a lawsuit against a friend may seem extreme. However, you should keep in mind that most of the time, you will not actually sue your friend. In actuality, the lawsuit will go against your friend’s homeowner’s insurance company. This means you receive compensation for your injuries without taking money out of a friend’s pocket.

File a dog bite report

Check with your county to see what forms you need to fill out after a dog bite incident. Many people worry the county will put the dog down. If this is the dog’s first incident, then chances are good the owner will simply need to pay a fine and enroll the dog in training courses. Your friend will also likely need to register the dog with the local animal control department as “potentially dangerous.”

Some car accident victims suffer from evident pain immediately after a car accident, such as a broken bone or back injury. Others, however, may not experience the pain right away. Some people may think that their pain is not severe and will go away on its own.

There is no question that it would be in your best interest to see a doctor after a motor vehicle accident. You may not immediately experience pain, but that does not mean that you have not suffered an injury, or that you will face one down the road. Clients have frequently stated that immediately after an accident they were not in pain and that the pain came days, or even weeks, later.

Being a victim of a car accident can be a very scary and confusing time. Many people are unsure of the steps they need to take to ensure they receive benefits they are entitled to. If you or a loved one has been injured as a result of a car accident, call SMDA Law today to schedule your free consultation. It is important to know and understand your rights.

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We handle numerous probate and trust administration cases, where siblings do not get along. It is better to work through issues with your siblings, prior to your parents’ passing away, as there is less stress and emotion.

There are several questions to ask your adult siblings, which may help repair and strengthen your relationships.

1.) What can I do to help us grow closer? This question opens the door to issues that you may not know exist. It may give your sibling the ability to finally open up about something that is bother them, and in turn, the ability to work through the issue.

2.) What is the long-term plan for Mom and Dad? Who has the ability to help pay for support? What do your parents want? Is anyone willing to help care for your mom and dad? It is better to discuss these issues while your parents are healthy, so that emotions are more easily contained.

3.) What do our family heirlooms mean to you? There may be certain items that are very important to one family member in the sentimental sense, but that are also a much higher value than most of the other items. This is the perfect time to also discuss these heirlooms with your parents, so that they can list specific gifts in their estate plan (and balance out the value) pursuant to their own wishes as well. This can prevent much stress and sadness, once your parents have passed.

4.) How can I best include your partner in family meals? If you learn about your siblings significant others, it can strengthen your bond.

5.) What do you wish I knew about you now? As each of us has changed over time, so have our siblings. We may still view our siblings as we did as children, but perhaps they have made significant changes in their lives, that they would like us to know about, so that we can better understand them.

The aforementioned questions are a great start for siblings to work on relationships amongst themselves. The next step after discussing sibling relationships, is to sit down with your parents, and ensure that you are all on the same page about long-term care, specific gifts, etc. Our firm would be happy to assist with creating a long-term care plan that is best for your parents, that will also minimize sibling disputes after your parents have passed. To schedule a free consultation, please contact our office at (586) 264-3756.

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There are three main options that you have, when deciding where you are going to live after your divorce:

1.) Stay in the home;

2.) Purchase a new home; or

3.) Rent a new property

Some factors to consider when deciding which option is best for you, are as follows:

1.) Is the location convenient to your work and social communities?

2.) How does this choice meet the needs of your children, now, and in five years?

3.) Does the home’s size and layout suit your new single lifestyle?

4.) What are the tax implications of the required actions?

5.) Have you considered the total costs for each option, including maintenance and utilities?

6.) If you make this choice, what are you giving up in terms of other financial goals?

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Getting divorced at any age creates profound stress and uncertainty. However, this is even more so for older individuals. There are several considerations to help prepare yourself from financial pitfalls.

1.) Create an inventory of all assets, before meeting with your attorney. You should know how each asset is titled (jointly or individually).

2.) Be mindful of past employment and any pension or stock options that you may have.

3.) Be aware of social security benefits. You can collect off of your ex-spouse’s social security benefit, as long as you were married for ten (10) or more years. This is true even if your ex-spouse remarries. In addition, your ex will not be affected if you do collect based on their earnings.

4.) Upon the conclusion of your divorce, check the beneficiary designations and title to all of your assets, and ensure that your ex-spouse has been removed from all of them.

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Once your divorce is final with the Court, there are several things you should do to wrap up any lose ends. Below is a checklist of some post-divorce issues you may encounter:

1.) Look after your credit. Cancel joint credit cards, and ensure that you are aware of all of your old and new obligations.

2.) Update your estate plan. Ensure that you have removed your ex-spouse from your Will, Trust, and Powers of Attorney – both as a fiduciary and as a beneficiary.

3.) Change beneficiary designations. Update insurance policies, retirement accounts, bank accounts, etc. to reflect a new beneficiary of your choice.

4.) Split retirement plans according to the terms of your divorce settlement agreement. Most of the specifics should be handled through a QDRO, but ensure that you do this as soon as possible.

5.) Ensure that you know how to receive your spousal and child support/or that your employer has the required orders to fulfill your support obligations.

6.) Sell or refinance the marital home.

7.) If you no longer have health insurance, look into health insurance options and ensure that you are covered.

8.) Create a budget as a single individual. Your household income and expenses will likely be completely different than they were when you were married; thus, you will need to make a new budget to ensure that you can fulfill all of your monthly obligations.

Hopefully, after your divorce, you will be able to move on and adjust to your new life rather seamlessly. However, if your ex-spouse is not fulfilling their obligations under the judgment, contact the attorneys at SMDA, P.C. to discuss enforcing your judgment.

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Even though bankruptcy discharges your personal obligation to pay a secured debt, the lien on your property will remain.

Any amount of a debt that is secured by property, will remain. Any amount that is not secured by the property, will be discharged. For example, if you your purchased a tv on credit, if you default on your payment the creditor has the right to the collateral (the tv). If the value of the tv is less than the amount you owe, the remaining amount will be discharged.

For more information regarding liens and Chapter 7 bankruptcy, contact our office at (586) 264-3756.

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Do I qualify for Chapter 7 Bankruptcy? One of the main factors in determining whether or not an individual qualifies for a Chapter 7 bankruptcy, is whether your household income is under the median family income amount.

For cases filed on or after November 1, 2017 in Michigan, the following are the median incomes by family size:

1 earner: $48,626

family size: 2 people: $59,541

family size: 3 people: $70,579

family size: 4 people: $87,070

for families in excess of four people, add $8,400 for each additional individual.

If your household income exceeds the aforementioned numbers, you may still qualify for a Chapter 7 bankruptcy. For more information, contact our office at (586) 264-3756.

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What does your auto insurance policy get you?

Many people buy auto insurance because they have to, not because they want it. However, knowing what you are paying for is important to understanding if what you have actually meets your needs. It is important that you understand that portion of your policy that is no-fault and that portion of your policy that is not.

There are certain benefits you get from your own insurance company, without regard to fault. You are entitled to these benefits even if you only have PLPD or no collision coverage. These benefits are no-fault benefits. If you are injured in the auto accident, you are entitled to have all your medical bills paid. If you are unable to work, you are entitled to have 85% of your wage-loss paid for up to three years.

There are other benefits you are entitled to receive, including but not limited to household chore help, attendant care and medical mileage reimbursement. If you have been injured in an auto accident or an automobile was involved, the smartest thing you can do is call our office for information.

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How to reconcile the valuation of a business, its potential equity distribution, and support obligations.

If you are a business owner, you want to ensure that your spouse is not able to “double dip” in receiving part of the business, and spousal support based upon your income. This would allow your spouse to receive double recovery on one asset.

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