Planning what will happen to your estate when you pass away and making sure your loved ones are properly provided for per your wishes.
Divorcing a longtime spouse and dividing up years worth of assets.
Fighting for custody of your children or fair visitation rights.
These are big issues, tough issues, serious issues.
They certainly are not issues to be taken lightly or entrusted to an inexperienced lawyer.
That’s why you need attorney Phillip Maxwell on your side.
Armed with more than three decades of litigation experience, the University of Michigan Law School graduate moved his practice to downtown Oxford in May 2001.
Maxwell’s general practice, located at 109 N. Washington St, handles real estate, trust and estates, family law and general business law.
‘I’ve been a litigator most of life,? Maxwell said, noting much of his career could be described as ‘big league law experience.?
Maxwell’s main emphasis these days is on trust and estates (estate planning) along with family law ? legal areas that are growing as the community grows and matures.
Drawing up a will or establishing a trust is particularly important if you wish to have direct, personal control over what happens to your estate when you pass away.
‘You want to have a will or a trust or a plan for your property because otherwise, if it’s without one, you’re at the mercy of the courts to decide who gets what,? Maxwell said. ‘There’s a provision in the Michigan statues which tells you how property descends in the absence of a will and it may not be the way you want to do it.
‘You lose control is what it amounts to. If you want to control how property devolves to your heirs, you’ve got to have a will.?
Because probate court can be a costly and difficult process, Maxwell recommends setting up a trust.
‘With a trust you can avoid probate (court) entirely,? he said. ‘A trust offers more formalized control over your money.?
Maxwell said using proceeds from a life insurance policy is a great way to begin funding for a trust. ‘You have a couple hundred thousand (dollars) in life insurance and make it payable into the trust, you have an automatic estate,? he said.
As a person’s wealth increases, they can keep adding to the trust because it can hold as much as they want or need.
A trust is also not subject to Michigan inheritance tax, which means more money to take care of your loved ones when you’re gone.
‘It’s a win-win on all accounts,? Maxwell said. ‘It’s really the best way to do it.?
With regard to family law such a divorce and child custody, Maxwell said, ‘What I bring to the mix is litigating skills that have been honed in high dollar corporate battles.?
Maxwell said, ‘normally, in the domestic relations field, (litigating skills) are never developed? because many cases are resolved at the bargaining table as opposed to inside the courtroom, which is not a bad thing, but sometimes going to court is unavoidable.
‘When you get into court, as a rule, these domestic relations lawyers are lost,? Maxwell said. ‘They’re out of their element.?
That’s where Maxwell’s well-honed litigating skills and knowledge of the law can work to your advantage. ‘If you have to go to court and sometimes you do, I can tip the balance in your favor,? Maxwell said.
When he’s not practicing law in Oxford, the experienced barrister is working on the railroad ? literally.
He serves as Michigan counsel to Rail America, Inc., a conglomeration of 47 short-line railroads around the nation including three in this state ? Huron & Eastern, Central Michigan and Mid-Michigan.
Maxwell serves as general counsel to the Tuscola & Saginaw Bay Railway, which is based in Owosso and runs from Ann Arbor to Petosky.
In the past, Maxwell served as corporate counsel to Norfolk Southern Corporation (one of largest railroad companies in North America)
Maxwell formerly served as general counsel to Championship Auto Racing Teams (CART). The local barrister has closed some major business deals such as the purchase of the Detroit Race Course in the 1980s.
Maxwell’s practice was originally based in Detroit, however, he spent 20 years practicing in Bloomfield Hills and Troy. He decided to move his practice to Oxford so he could be closer to his home in Addison.
Being 58 years old, Maxwell said he decided it was time to ‘slow down the pace? and represent smaller local clients. He estimated that about 30 percent of his practice is comprised of local clients.
Maxwell feels his ‘big league law experience? is an asset to his clients because he brings to the table a ‘different set of skills? that many attorneys can’t typically offer individuals and small businesses.
To contact Phillip Maxwell and Associates pllc. call (248) 969-1490.