Many big decisions come with getting engaged. Planning for marriage can be exciting and romantic, although the thought of adding a prenuptial agreement may not stoke your passion, they can help you now and in the future. Prenuptial agreements are...
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In deciding issues on appeal involving division of marital property, the Court first reviews the trial court’s findings of fact.
Plaintiffs requested that the trial court, either through reformation of the First Easement or interpretation of the Second Easement, quiet title in favor of plaintiffs and declare them to be the owners of an easement to access Lake Superior through the ravine on defendants’ property, enjoin defendants from interfering with their use of the easement, and order compensation for damages to the stairs.
Defendants completed the project. Plaintiff did not pay for any of the costs of the project. Defendants moved to compel plaintiff to pay one-half of the costs under the agreement. Plaintiff responded that defendants had materially breached the agreement in several ways, including by denying her the right to supervise the project, by refusing to give her an installation schedule, and by starting work before plaintiff approved of the start date.
FAMILY LAW 30: Discretionary trust assets cannot be reached to satisfy claims for child support and alimony.
The key difference between discretionary trusts, support trusts, and spendthrift trusts is that creditors cannot compel the trustee of a discretionary trust to pay any part of the income or principal in order that the creditors may be paid. The opposite is true of spendthrift and support trusts, which allow trust assets to be reached to satisfy creditors, including creditors seeking to satisfy claims for child support and alimony.
Families can help each other through life’s toughest moments. However, issues come up when the strain of losing a loved one combines with the stress of honoring their last wishes. Probate protects beneficiaries best interests. Though...
REAL ESTATE 31: Bank agreed to not proceed with foreclosure if defendant made modified loan payments.
In May 2015, Bank A and defendant entered into an agreement (the Trial Plan), temporarily modifying the loan. Bank A agreed to not proceed with a foreclosure sale if defendant made payments of $1,382.62 for three months.
In 2016, Petitioners asserted that the mother and daughter M breached their duty of loyalty by giving son M an unequal share of property from the trust and by depleting the trust for purposes other than the mother’s care.
DIVORCE 25: Judgement of divorce ordered children as beneficiary on life insurance policies presently outstanding.
In order to provide security for the payment of his support obligations in the event of his death, the judgment also ordered decedent to irrevocably designate the minor children of the parties as the beneficiary on any and all life insurance policies presently outstanding upon his life, until his duty to support shall cease.
When a married couple holds real property as tenants by the entirety, neither spouse acting by themselves can alienate or encumber their interest in the property. A husband or wife must receive the consent of their spouse before conveying or encumbering an interest in the property.
Considering leaving the country for a long time while maintaining a business or selling a home in the US? Were you recently diagnosed with a terminal or degenerative disease? For these and many other issues, it may become necessary for someone...
The court ruled that title to the land prevails and that once the deed was signed, the property became the undivided whole interest for both the decedent and appellee and became appellee’s property upon the decedent’s death. Consequently, the court concluded that the prenuptial agreement did not have any impact on the property rights of appellee in this case.
The $27,000 ordered to be paid to respondents from the trusts was not a sanction, but instead was reimbursement to the trustees for expenses incurred in defending the petition. The Trust contains language providing for the reimbursement of expenses incurred by trustees in administering the trust.
The primary purpose of spousal support is to balance the parties' incomes and needs so that neither party will be impoverished, and spousal support must be based on what is just and reasonable considering the circumstances of the case.
Marriage can end through two ways: divorce and annulment. Though both of these options have the same result, each has different requirements. There are many similarities and differences between a divorce and an annulment, so many...
The party requesting the change of domicile of the minor child has the burden of establishing by a preponderance of the evidence that the change is warranted.
Vaping is a fad that is quickly solidifying into a stable industry of products around the world. Vaping and electronic cigarette (or e-cigarette) use have dramatically increased from roughly “seven million [users] in 2011 to 35...
Despite the probate court’s order requiring Appellant to return the vehicle to R, Appellant refused to do so. Appellant’s willful noncompliance resulted in him being held in contempt of court and a sentence of four days in jail. Yet, even so, he still refused to turn the vehicle over to the personal representative.
The trial court concluded that appellant did not produce sufficient evidence to establish a genuine issue of material fact regarding decedent’s mental capacity to properly execute his 7/14 will.
The fact that plaintiff offered defendant the RFR for numerous Tuesday overnights over the course of approximately nine months does not support defendant’s position that a change of circumstances or proper cause has arisen.
The probate judge explained that he did not do his own accounting and that he would not go through all of these bills to see whether they’ve been properly accounted for.
When real property has been vacated and physical assets are left behind or abandoned on the property, one who thereafter properly enters the property and maintains possession is not liable in an action for claim and delivery under MCL 600.2920.
The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest of the child.
The 2018 ballot initiative titled “the Michigan Regulation and Taxation of Marihuana Act (MRTMA) passed with 56% of the vote. Michigan joins nine states and D.C. in legalizing some form of recreational marijuana use. Due to the...
In an action arising from an alleged default by a condominium co-owner, a successful association of co-owners shall recover the costs and reasonable attorney fees associated with the action, as determined by the court, to the extent the condominium documents expressly so provide.
The trial court concluded that the agreement for a shortened period of limitations was enforceable and determined that the suit was untimely.
The probate court properly imposed a constructive trust and ordered the son to sell the mother’s home after she had deceased.
The trial court determined that the plat dedication granted an easement to use the park to all of the lot owners and did not grant riparian rights to any lot owners.
Beginning in March 2019, cyberbullying will now be illegal in the state of Michigan. The House Bill 5017 now makes cyberbullying a punishable crime by Michigan law, meaning that those who harass others online could face potential jail...
Defendant’s attorney stated that the total fees incurred by both sides are far beyond what he usually sees in divorce cases. Regarding the reasonableness of five depositions, he testified that he has not conducted five depositions in an average divorce case in the last few years.
The trial court, however, indicated its belief that it would not have jurisdiction once Mother left the state. Despite counsel’s argument regarding the utility of the Full Faith and Credit Clause, the probate court disagreed.
Defendant conveyed by quit claim deed the Property to herself and plaintiff as Joint Tenants with Full Rights of Survivorship and not as Tenants in Common. Defendant apparently took this action for purposes of estate planning.
Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of someone’s personal property by...
The arbitrator stated that the award document had not included any amount for case-evaluation sanctions and that, in fact, he had not even known the results of the case evaluation until after issuance of the awards.
At that hearing, the trial court signed the proffered judgment of divorce, which it now characterized as a default judgment despite the fact that no default had been entered, nor had plaintiff ever filed a motion for entry of default judgment.
Defendant ultimately not being in full compliance did not make the filing of the motions or the signing of them by defense counsel frivolous.
BUSINESS LAW 9: The open term “best efforts” did not prevent an agreement from being formed due to a lack of a meeting of the minds.
If defendant was concerned about placing any limitations on the performance necessary to satisfy this obligation, he should have included that limitation in the agreement.
Plaintiff’s counsel argued that defendant had not established proper cause or a change in circumstances as required under the standards.
The Michigan statute governing spousal support favors a case-by-case approach to determining spousal support.
If you’re contemplating a divorce in Michigan, you probably have a lot of questions. One of the most intimidating aspects of getting a divorce in Michigan or anywhere else is the idea of having to appear in court. The laws for getting a...