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PROBATE 2: Can you remove a guardian that holds power of attorney?

Under the EPIC, a “suitable” guardian is one who is qualified and able to provide for the ward’s care, custody, and control. When a preponderance of the evidence weighs against the suitability of the ward’s current choice for guardian, the probate court must remove that person as guardian.

PROBATE 1: Probate court jurisdiction versus business court jurisdiction.

In this case involving a Living Trust, the husband, appeals as of right the probate court’s order granting partial summary disposition to their daughter. The order resolved claims relating to two family businesses, declared the wife disabled, and pursuant to the terms of the trust, removed the husband as successor trustee of the trust.

REAL ESTATE 3: Can you take your neighbor’s land by Adverse Possession?

To prevail on a claim of adverse possession, plaintiffs must show that they possessed the disputed property openly, adversely, exclusively, and continuously for at least 15 years. A party making an adverse possession claim can meet the time requirement by tacking their possessory period to that of their predecessors in interest with whom they are in privity of estate.

The Basics of a Plea Bargain

A plea bargain is an agreement made between the prosecutor and the defendant in which the accused person agrees to plead guilty or no contest in exchange for the prosecutor dropping the charges or recommending a lower sentence to the judge or...

REAL ESTATE 2: Property dispute, intent is not required for a trespass.

In instances of trespass where injunctive relief and actual damages are not warranted, a plaintiff nevertheless is entitled to nominal damages. Because a trespass violates a landholder’s right to exclude others from the premises, the landholder could recover at least nominal damages even in the absence of proof of any other injury.

Bail: Getting Out of Jail After an Arrest

Being arrested in Michigan is certainly not going to be a fun experience no matter what, but it can be easier when you understand exactly what will happen and why. Find out more about how you can get out of jail by posting bond.  What are...

Invoking Your Right to Remain Silent

While the “right to remain silent” represents one of your most unassailable rights, many people have a few misconceptions about how it works. A lot of people receive their understanding of this particular right from media and...

Choosing the right executor for an estate

When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another important issue that people need to think...

Is an IRA marital property subject to division?

Plaintiff, age 67 at the time of divorce, and defendant, age 59 at the time of divorce, were married for 23 years. The judgment of divorce provides for a division of property. Defendant appeals arguing that the trial court erred in determining the...

Digital assets and estate planning

Since the first smartphones were introduced nearly a decade ago, there has been a gradual shift from widespread use of traditional paper documents to digital documents. If you need proof, consider that most people have plane tickets on their phones,...

Child Support Modification

Plaintiff sought an increase in child support, claiming the defendant-father's income had increased substantially, which constituted a change in circumstances. In July 2015, plaintiff filed a motion to modify child support. In that motion,...

Are you required to provide ID as a passenger?

Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. Indeed, the notion of authority can lead to citizens doing things that they are not required to do out of...

A divorce shouldn't thwart your estate planning goals

We all know that divorce is not easy, no matter how ready you may be to get out of a troubled marriage. There are certainly emotional hurdles to overcome as you move on with life, and the financial hurdles may take longer to get over than you may...

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