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MARY T. SCHMITT SMITH -
Mary T. Schmitt Smith established the Theresa Law Center, PC in May 2005 to
continue over a twenty year tradition of providing legal advocacy for clients
with a passion for protection. The
Center, located in Bloomfield Hills, Michigan, advises clients about estate
planning, tax and probate options, with a distinct focus on drafting and
administration of Special Needs Trusts.
Mary is Michigan’s first Certified
Elder Law Attorney (CELA, 1997), and is AV-rated by Martindale Hubbell for the
past 10 years. She has served on
the Board of Directors of the National Academy of Elder Law Attorneys, (NAELA)
and was recognized as a Fellow in the Academy in 2003.
In the early 1980’s, Mary created the concept of an Interceptor
Trust; a court authorized Special Needs Trust. She persuaded Judges in more than
twenty-seven (27) counties throughout Michigan to approve these special needs
trusts to protect assets of individuals with disabilities. These trusts have become more popular
since 1993, when Congress specifically gave Courts the authority to establish
these trusts, also referred to as
“d (4) (A)”.
In 2003, She
became the 9th recipient of the national Theresa Foundation Award, in
recognition of her community service for people with disabilities. She is a
Past President of The ARC of Oakland County, Inc., the nation’s sixth largest
ARC, and served on the Board of Directors for twelve years. Mary is a charter member of the Special
Needs Alliance, a national network of lawyers dedicated to Disability and
Public Benefits Law. www.specialneedsalliance.com.
Mary
has presented on probate, tax, estate planning and special needs trust topics
for Bar Associations and law schools in Michigan, Florida, Wisconsin,
Massachusetts, Texas and New Jersey, as well as the National Academy of Elder
Law Attorneys. She is
admitted to practice before the U. S. Tax Court, and the U. S. Court of Appeals
(6th Circuit), where she successfully appealed a federal trial court decision
interpreting Medicaid law, in favor of a Special Needs Trust client in
2005.
Super
Lawyers Magazine has designated Mary as a Super
Lawyer for 2007, 2008 and 2009 in Elder Law, Estate Planning & Probate,
Trust & Estate Litigation as reported on superlawyers.com.
She received
her J.D. from the University of Detroit School of Law. Then, she earned a
Master of Laws in Taxation (L.L.M.) from Wayne State University in 1986 after
writing her Masters thesis on “Estate Planning for Persons with
Disabilities.” She has
published in the Michigan Bar Journal on “Protecting Estate
Assets: Planning and Tax
Considerations of Medicaid and Medicare Programs,” and “Resource
Planning for the Elderly,” in Laches, a publication of the Oakland
County Bar Association.
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