Joseph Dallo

"Attorney Joe Dallo embarked on a legal career with a profound desire to make a difference in people's lives. His genuine passion lies in not only representing his clients but also in assisting them in charting a course for the future. He firmly believes that his professional services can empower individuals to achieve their life aspirations while mitigating unexpected challenges.

However, what truly resonates with Joe in his vocation is safeguarding his clients' most precious elements: their families, homes, assets, and dreams.

Joe's unwavering commitment to nurturing dreams for the future led him to establish Dallo Estate Planning. In Joe's own words, "There is immense satisfaction in knowing I've made a positive impact on someone's life. I relish the role of a mentor, guiding individuals through pivotal life transitions like marriage, homeownership, and starting a family." Through Dallo Estate Planning, Joe stands ready to assist you in protecting your family and realizing your aspirations."

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Michigan

State Bar of Michigan

ID Number: P74825

Since 2011

Founder

Dallo Estate Planning, PLLC

Current

Western Michigan University Cooley Law School

J.D.

2007 - 2010

Lawrence Technological University

B.S. | Electrical & Electronics Engineering

2002 - 2007

Michigan State Bar  # P74825

2011 - Current

Taxes and Estate Planning

January 11, 2023

National Mortgage Home Loans

Seniors Real Estate Specialist

National Association of Realtors

2023

Real Estate Negotiation Expert

National Association of Realtors

2023

Accredited Investment Fiduciary®

Fi360

2019

Q. A secret trust was set up by my mother’scaretaker (CT) who has all of the POA and power. I am disinherited.

September 1, 2023

A: In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):

Challenge the Validity: If you believe the trust was created as a result of undue influence, duress, fraud, or if your mother lacked the mental capacity at the time of creation, you might challenge the validity of the trust in court.

Power of Attorney Abuse: If the caretaker (CT) misused their Power of Attorney (POA) to benefit themselves, it might be a breach of their fiduciary duty. In Michigan, as in many jurisdictions, agents under a POA owe a fiduciary duty to the principal (in this case, your mother). Misusing that power for personal gain can be grounds for legal action.

Report Financial Exploitation: Consider reporting suspicions of financial exploitation to the appropriate local authorities. Michigan's Adult Protective Services might be a starting point, especially if your mother was vulnerable.

Request Trust Information: As a potential heir or beneficiary, you might have the right to certain information about the trust. If denied, you could petition the court for a trust accounting or other related information.

Legal Counsel: Engage an estate or elder law attorney familiar with Michigan law. They can help evaluate the specific circumstances, gather evidence, and guide you through any legal proceedings.

Mediation or Settlement: Sometimes, disputes over estates or trusts can be resolved outside of court through mediation or negotiated settlements.

Remember, time can be of the essence in these situations. If you believe wrongdoing occurred, it's important to act promptly to protect potential rights and remedies. ... Read More

Q. I HAVE A TRUST ALSO HAVE BANK ACCTS AND HOUSE JOINTLY SHARED DOES JOINT OWNER GET THOSE WITHOUT GOING THRU TRUST

September 1, 2023

A: Maybe, and this response is a generalized one, of course. Everything depends on your unique set of facts. Assets held in joint ownership generally pass directly to the surviving joint owner(s) upon the death of one joint owner, regardless of the provisions of a trust. Here's a brief breakdown:

Joint Bank Accounts: If you have a bank account held as "joint tenants with rights of survivorship" (or a similar designation), the remaining balance typically goes directly to the surviving joint account holder upon your death, outside of the trust.

Jointly Owned Real Estate: Similarly, if a house is owned as "joint tenants with rights of survivorship" or as "tenants by the entirety" (a form of joint ownership available to married couples in many states), the property would pass directly to the surviving joint owner upon the death of the other, regardless of trust provisions.

Exceptions: Always review the specific titling of the account or property. In rare instances, joint assets might not have a survivorship feature, which could alter how they are distributed upon death.

Trust Provisions: Assets that are not titled in the name of the trust or that don't pour into the trust upon death (via a pour-over will or other mechanism) will generally not be governed by the trust's terms.

Remember, while jointly held assets might bypass the trust, they may not avoid other implications, such as potential estate taxes or creditor claims. Consult with an estate planning attorney for specific advice tailored to your situation. ... Read More

Q. Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?

September 1, 2023

A: In Michigan, as in many jurisdictions, the following general principles apply:

Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason they're disqualified. Receiving SSD doesn't automatically disqualify someone.

Trust Document: The trust instrument might have specific requirements or restrictions about who can serve as a successor trustee. Review the document closely.

Removing a Trustee: If a trustee is abusing their position, beneficiaries or co-trustees might be able to petition the court for the trustee's removal. The grounds for removal typically include breach of trust, incompetence, or a substantial change of circumstances.

Legal Implications: Before appointing someone receiving SSD as a trustee, consider potential impacts on their benefits or tax situation. This appointment might affect the amount they receive or their eligibility.

Legal Counsel: Given the complexities and potential legal implications, it's essential to consult with an estate or trust attorney to guide the process and provide specific advice. ... Read More