Real estate litigation can happen to anyone, from buyers and sellers to real estate agents, there’s always a potential for a lawsuit. With a lot of money on the line, it’s crucial to have an experienced attorney who has a great...
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An easement may be lost through abandonment. An easement is abandoned when the owner of the easement relinquishes it with the intention of releasing his or her right to the easement. Nonuse of the easement alone does not result in abandonment of the easement.
If you become incapacitated, you will need someone to make decisions on your behalf. These are decisions regarding what medical treatment you receive, paying bills, managing your bank accounts and potentially selling assets. Tales of people abusing their power of attorney designations are common. Many people designate their children, but is this the best choice?
Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a lake.
Possessing controlled substances is a serious crime that involves drugs and drug paraphernalia. What defines a controlled substance are federal laws like the Controlled Substance Act as well as various state laws. The Controlled Substance...
Plaintiff argues that failing to place a value on defendant’s two businesses and awarding them to defendant, is depriving plaintiff of assets to which she is entitled.
The petitioner has the burden to prove by clear and convincing evidence that termination of the noncustodial parent’s rights is warranted. In order to terminate parental rights, the court must find that the requirements of subsections (a) and (b) are both satisfied.
Although the trial court recognized that a marital estate will normally be divided 50/50, it elected to award 60% to defendant and 40% to plaintiff.
In the state of Michigan, the law requires you to take either a blood, breath or urine test if arrested for an OWI. Michigan has an “implied consent” law which states that if someone lawfully arrested by an officer who has probable cause...
Misdemeanors are often considered a less serious criminal offense compared to their felony counterpart. Common misdemeanors include reckless driving, petty theft, public intoxication, trespassing and more. Although misdemeanors don’t...
The fact that an asset is obtained as a separate asset does not mean its status cannot change. Separate assets may lose their character as separate property and transform into marital property.
Under this section, a homeowner must seek prior approval from the Association before he or she can change the exterior color of his or her home. If that requirement is violated, the Association is entitled to have the color changed and the home repainted a different color at the homeowner’s expense.
An person who proceeds in propria persona is generally held to the same standards as attorneys. Accordingly, a litigant who decides to proceed without counsel is bound by the burdens that accompany such election.
This dispute appears to be whether the arbitrator effectively modified the parties’ Uniform Spousal Support Order by awarding plaintiff 19.5% of the profits from the sale of defendant’s stock.
The informal conference referee found that she was an owner of the property because she was a grantor who had placed her property in a revocable trust. The referee, however, determined that petitioner had failed to present any documentation showing that the property was the deceased’s principal residence.
The trial court analyzed the circumstances of defendant’s specific case and concluded that defendant was not an appropriate candidate to use marijuana while on probation.
Given her noncompliance with her service plan and her lack of progress in addressing her serious mental illnesses, the evidence supports the conclusion that there is no reasonable expectation that respondent will be able to provide proper care.
The referee explained as follows: Michigan law is clear that a minor child cannot have two legal fathers.
This matter arises out of an ongoing dispute between a unit owner in the Condominium, and the Condominium Association.
Appellant appeals from an order of the Probate Court denying his petition to reopen his deceased mother’s estate.
Under Michigan law, parties may acquiesce to a new property boundary line. Acquiescence is established when a preponderance of the evidence establishes that the parties treated a particular boundary line as the property line.
The trial court ordered that the child finish kindergarten at the school that he was attending and enroll in the school halfway between for the following school year beginning in the fall of 2017.
In this contest over the probate and non-probate assets of Decedent, appellate petitioned to set aside pour-over will and trust documents executed by Decedent
The day after the trial court entered its order, Defendant C quitclaimed his interest in the property to Defendant B, who then sold the property on land contract to new owners.
Before modifying an existing custody order, a trial court is required to find that the party seeking to modify the custody order has shown, by a preponderance of the evidence, proper cause or change of circumstances as set forth in MCL 722.27.
After the judgment of divorce was entered, plaintiff moved for relief from judgment, claiming that defendants-ex-wife and her attorney engaged in fraudulent conduct and that there was newly discovered evidence supporting that position.
Contracts can be divided into two categories: express contracts and implied contracts. An express contract is one where the intention of the parties and the terms of the agreement are declared or expressed by the parties, in writing or orally. Alternatively, a contract may be implied from the conduct of the parties, language used or things done by them, or other pertinent circumstances attending the transaction.
Your home is likely your most valuable asset, so it's extremely important to protect your interests during the buying or selling process. While real estate agents and brokers are trained to assist their clients through each step of buying or...
Plaintiff filed a six-count complaint against defendants for a violation of the anti-lockout statute, injunctive relief for illegal lockout, conversion, negligent infliction of emotional distress, intentional infliction of emotional distress, and for exemplary damages.
The court ruled that the husband’s home was a premarital asset belonging to him alone, denied the wife’s request for spousal support and awarded minimal attorney fees.
The primary goal when construing a will is to determine the intent of the testator.
With respect to a request to modify child custody, a trial court is required to determine whether there is an established custodial environment with one or both parents before making any custody determination.
An established custodial environment is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort.
If you are charged with a crime, you could be facing some severe penalties that could include financial fines, public service, or even jail time. For those that are in the Michigan area, hiring an attorney that is experienced in criminal defense...
In Michigan, as in most states, the law gives people the chance to expunge, or erase, a conviction from their record.
In this case, the husband argues on appeal that the probate court abused its discretion by appointing a conservator to manage his wife’s estate and affairs under MCL 700.5401.
The 10-year statute of limitations on a claim relating to a property settlement in a judgment of divorce begins to run at the time the claim accrues and that the claim accrues when the money owing under the property settlement comes due.
REAL ESTATE 5: Should you be concerned if seller’s disclosure statement states Seller has never lived at property?
This case arises out of the sale of residential property. Within a few months of purchase, plaintiffs experienced severe flooding of the house and surrounding property. At one point, there was nearly one foot of standing water in the living room.
Plaintiff and defendant were involved in a romantic relationship, but never married. After the relationship ended, plaintiff sued defendant, seeking repayment for $68,784.50 in payments he claims he made for her living expenses.
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.