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When dividing property in a divorce, trial courts must first determine marital and separate assets.

The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.

Beneficiaries are entitled to contest the probate of the will. It is important that your will clearly state your intentions.

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...

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...

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,...

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,...

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...

If you do not already have an estate plan in place, you likely have many questions about the wide range of legal tools that may be available for your interests. Some people believe that a basic will is all that is needed to create an effective...

Defendant appeals as of right his conviction, following a jury trial, of possession with intent to deliver marijuana. Defendant first contends that the trial court erred in excluding evidence relating to his debilitating medical condition, as well...

The parties were divorced on March 22, 2010, and agreed to share joint legal and physical custody of their two minor children through a consent judgment of divorce. Then, on May 4, 2010, plaintiff gave physical custody of the children to defendant...

Most of us dread the sight of flashing emergency lights behind us, signaling us to pull over. This generally means that a citation is imminent. But in some situations, law enforcement may want to take things a step further and ask us to “exit...

The probate court denied a petition for formal proceedings. The petition further identifies the petitioner as a "creditor" of the estate and states that "Litigation against the Estate is pending." Appellee is the widow and was...

Washtenaw Probate Court. The dispute in this case involves the meaning of the term "then beneficiary" in the Trust. This term defines the party or parties who are entitled to vote on the removal of a trustee and the appointment of a...

You create an estate plan to make sure your heirs and beneficiaries are taken care of in the event you are no longer able to. You may also do so to minimize the bickering and infighting that may come between surviving family members who may have...

Defendant appeals the trial court's order denying spousal support. Defendant argued that the trial court should have conducted a spousal support review and that any language restricting the modification of spousal support in the judgment must be...

The defendant argued that the court erred because Officer's stop of his vehicle violated the Fourth Amendment. Officer pulled defendant over, and when he approached the vehicle, he smelled alcohol and saw that defendant's eyes were glassy...

With the federal income tax filing deadline coming this week, it is a good time to talk about taxes and how they may apply to estates. While federal estate tax applies to few estates (i.e. those valued at more than $3.5 million), it continues to be...

Defendant and plaintiff are the parents of twin girls who were born in 2007. The parties were never married. They lived together for approximately four years after the children were born, but separated in March 2011. There is no dispute that...

If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical given the stigma against...

The decedent died intestate in February 2014 at the age of 84. His wife had died in 1999. Decedent was survived by three sons: (Paul), petitioner and personal representative (Mike), and respondent (Greg). Decedent and his wife opened a joint account...

Plaintiff purchased a house. The "Bank" foreclosed on the property. Plaintiff approached his uncle, Defendant, and asked him to purchase the property on his behalf from the Bank and then sell the property back to him for the same price...

Plaintiff-mother appeals, contesting the trial court's awarding both parties joint physical and legal custody of their child. The trial court divided parenting time equally. Plaintiff-mother initially argues that the trial court erred in...

If your child is getting ready to graduate from high school this spring, you are probably amazed with how quickly the years have gone by since they first started kindergarten. This also means that you are getting older too, and you have probably...

If you have been charged with a crime, it is essential to know how strong the government’s case is against you. Indeed, you may think the state has a flimsy case and has a snowball’s chance to prove you guilty beyond a reasonable doubt,...

Defendant was arrested after being found intoxicated in the parking lot of an apartment building in Michigan. The Public Safety Sergeant responded to the scene. After conducting an investigation and speaking to witnesses, Safety Sergeant concluded...

While the Affordable Health Care Act is poised to be amended or replaced completely, the law still has a number of useful provisions that some legislators are uncomfortable parting with. For instance, the current version allows states to create...

Plaintiff and defendant were married in 1995 when they were in their mid-50s and after both of their first marriages ended. At the time of marriage, defendant had an IRA valued at approximately $800,000. After three years of marriage, due to a...

Plaintiff filed for divorce, after a marriage of almost 33 years. Defendant was employed as a gas mechanic. Plaintiff previously worked part time for school districts for approximately 11 years, cut hair for several years, and worked as a...

If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and proving your innocence. Under state and...

While we focus most of our estate planning posts on protecting assets and preparing beneficiaries for transfers of wealth, it is also important to focus on protecting those loved ones who are vulnerable. They may include elderly family members who...

In order to convict defendant of operating while intoxicated under MCL 257.625(1), the prosecution must prove beyond a reasonable doubt that:(1) the defendant operated a motor vehicle(2) on a highway or other place open to the general public or...

Much has been reported on the escalating costs parents face in raising a child. From birth to age 18, it is estimated that parents spend an average of $234,000 to raise a child. But when it comes to caring for an elderly parent, the costs are...

MCL 722.31(1) prohibits a parent of a child whose custody is governed by court order from changing a legal residence of the child to a location that is more than 100 miles from the child's residence at the time the order is issued. However, a...

Plaintiff filed divorce action after a nearly 20-year marriage. Although defendant apparently participated in various pretrial conferences and discussed the terms of the divorce judgment, he did not answer the complaint, a default was entered, and...

In 2014, plaintiff purchased a parcel of land ("Parcel C") at a sheriff's sale. Previous owner was the sole owner of the property from 1988 until he lost the property to foreclosure for non-payment of taxes. There is a building on the site, which...

If you haven’t noticed by the commercials and networks devoted to them, America has definitely become a pet nation. It is estimated that two-thirds of all American households own a cat or a dog.  With some pets being considered cherished family...

Law enforcement agencies are always looking for an edge in fighting crime. As cell phones have become an indispensible part of life for many people, authorities have taken to using these devices to track suspects' locations and movements without...

People work hard to build up their estate during their lives and when they pass they may desire to hand down their estate to their friends and family. Leaving property to a loved one in an estate plan can be troubling for some parents who have...

Now that the Super Bowl has come and gone, many men around the country are making new weight loss goals. According to a survey by NutriSystem, the average NFL fan packs on 10 pounds during the season. With the final game of season in the books,...