Lawyer offers ‘holistic counsel’ to her probate clients

By Sheila Pursglove
Legal News

Attorney Rachael Roseman will never forget her first—and horribly sad—probate case.  A year out of law school, Roseman represented a family in what she refers to as a “stolen grandma” case. One of the siblings had taken the grandmother—who suffered from dementia and other medical conditions—from her home in Indiana, moved her into a hotel room, and neglected her medical needs simply to collect her Social Security checks.

“After a grueling evidentiary hearing, justice prevailed, and the grandmother was finally allowed to return to her home in Indiana. With the return of their loved one, my clients’ world was restored.  To see the impact of my work on that family still moves me to this day,” Roseman says.

“I’ve had several cases like this where a family member has taken an elderly loved one from his or her home—seemingly without permission—sometimes for good reason, sometimes not.”

Roseman feels a sense of responsibility and gratitude with every one of her clients.

“That’s true whether it is a family struggling through a guardianship or conservatorship proceeding, a corporate fiduciary navigating difficult beneficiaries, or a multi-million-dollar corporation facing an unexpected lawsuit,” she says. “To be able to counsel and guide them through the legal process is a privilege.”  

Roseman, a member in Bodman’s Litigation and Alternative Practice Group, earned her J.D., summa cum laude, from Michigan State University College of Law. During law school she served as a law clerk for judges David Murkowski and Patricia Gardner of the 17th Circuit Court for Kent County; was editor-in-chief for the Michigan State Law Review; was a teaching assistant; externed at the Michigan Department of Human Services; and received the Jurisprudence Achievement Award, awarded to the highest achieving student for three courses.

Roseman represents clients in a variety of litigation matters, primarily focused on probate and commercial disputes. She has successfully represented clients through all types of probate proceedings and litigation matters, including guardianships, conservatorships, limited guardianships, and probate and trust disputes.  Roseman has prosecuted and defended claims related to undue influence, lack of testamentary capacity, and breach of fiduciary duties.  

“I love being able to counsel clients and help them solve problems,” she says.

“Clients often come to me when they’re faced with the most significant and emotional challenges of their lives. Their parents might have just passed away, or their sibling is accusing them of breaching their fiduciary duties, or their company could be facing a devastating lawsuit.  I’m fortunate to be able to walk alongside them and guide them through the legal process.     

“Whether my client has a strictly probate issue—which rarely happens—or is dealing with a catastrophic loss to their business, I pride myself on being able to provide holistic counsel to them.  This includes not only triaging the immediate problem, but also analysis and thoughtfulness about how to protect the client’s future.  

“I’m competitive by nature, and I like to win,” she adds. “My practice has involved more varied legal issues than most, which gives me a unique perspective on practical solutions for my clients,” she says. “My willingness to dig and dig some more until we figure out a solution gives my clients a strategic advantage.”

She notes there are many things can wrong for people if probates and trusts are not handled correctly—and she always shares a couple pieces of advice for clients and potential clients.

“First, find someone with experience in probate court to guide you on your duties, rights, and potential remedies before conflict arises—or immediately once it starts. Probate is a specialized area of law with many pitfalls for the occasional practitioner; experience matters,” she says.  

“But even before that, my initial advice to everyone is to make sure your estate plan is in order long before you need it and update it regularly.  With that, talk to your family about what you want. Understandably, many people keep their testamentary wishes a secret until after they’re gone.

“By opening discussing these matters with your loved ones, you may be able to fend off probate litigation in later life or after death.”

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