The Judgment of Divorce declared that Plaintiff was entitled one-half of the pension benefits Defendant had accrued during his marriage to Plaintiff, with full rights of survivorship, and that these benefits were due to Plaintiff when they became...
When potential clients ask us questions about criminal defense representation (particularly for drunk driving offenses) one of the most common is whether they will lose their job. Naturally, this depends on a number of factors, including how much...
Plaintiff filed for divorce in October 2012 after confirming that her husband (defendant) had been having an affair with his former co-worker. After the proceedings began, plaintiff learned that the defendant had given former co-worker hundreds of...
Defendant was convicted of possession with intent to deliver 45 kilograms or more of marijuana. He challenged the trial court's denial of his motion to suppress. Defendant argued that the Trooper did not have a reasonable suspicion for the initial...
The emotional toils of dealing with the death of a loved one can be considerably difficult. It is especially hard at this time of year, where life is supposed to be consumed with optimism for a New Year. Nevertheless, perseverance is paramount;...
When we create our estate plans, we intend to leave something for our heirs in order to remember us, or to make sure they are taken care of. Indeed, these are well-intentioned goals, but leaving certain assets could have unintended consequences for...
The court held that the trial court properly terminated the father's parental rights to the child where at least one statutory ground for termination was established by clear and convincing evidence and it was in the child's best interests.The...
The court held that because MCL 750.474 (illegal transportation of marijuana) is not part of the MMMA (Michigan Medical Marijuana Act), the defendant, as a compliant medical marijuana patient, could not be prosecuted for violating it.Illegal...
The vast majority of businesses in America are closely-held enterprises. You likely know that not all closely-held companies are run by members of a single family. Many individuals have an interest in a business that is owned by a relatively small...
Petitioner is 89 years old, and the father of two adult children. In 2013, petitioner's wife of 66 years passed away. Following her death, petitioner suffered from depression. In addition to his depression, he had several other health problems...
Anyone who has seen the movie “Arthur” (either the Dudley Moore or Russell Brand versions) can understand the frustrations wealthy parents may have with leaving a great deal of money to their heirs. Essentially, they worry that the kids will...
In this property dispute, plaintiffs filed suit against defendant to enforce a prescriptive easement that allows plaintiffs to place and use a seasonal dock.Plaintiffs are the successors in interest to plaintiff's mother, who acquired the property...
Plaintiff appeals the judgment of divorce that awarded defendant 50% of the equity in the marital home, all of workers' compensation benefits, and certain personal property items. Court affirmed the trial court's division of the financial assets of...
With college semesters ending in Michigan, it may not be so easy to get college students to think responsibly, especially in the throes finishing finals and having opportunities to let off steam. However, parents should do their best to teach their...
Court affirms that speeding and running red lights constitutes reckless driving and indicates willful and wanton disregard for the safety of persons or property.Defendant was convicted of reckless driving causing death and serious impairment of a...
The approaching holidays may bring about fond memories for some people. They also represent a chance for people to reconnect with family members who have aged another year, especially parents. For those with older or elderly parents, the topic of...
Any person named in a will or chosen by the court of law to make important decisions for another person is called a guardian. The person who the guardian is responsible for is known as the 'ward' and cannot make certain decisions. Guardians might...
Michigan Court of Appeals affirmed that termination of father's parental rights was in the child' best interests.The caseworker testified that the father never met the child because he was continually incarcerated during the child's entire life....
Parents of young children frequently have to juggle schedules and make plans to continue to provide for the kids, while keeping involved in their extracurricular interests. Dreaming about the future is an added value for parents who think about the...
People can be arrested for drunk driving after a field sobriety test even if they were sober. Field sobriety tests may be difficult to pass.Many Michigan residents celebrate this time of year by attending parties or having drinks with friends. As a...
People who live and drive in Plymouth, Michigan should learn the state's laws and penalties for drunk driving offenses and related charges. People who live and drive in Plymouth, Michigan know that the state takes any charge of drunk driving very...
Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the right to remain silent..." This phrase is a part...
Now that the nation’s presidential election has passed, it appears that the markets are adjusting to the new found sense of stability with the election of Donald Trump. Indeed, it remains to be seen how the economy will change going forward, but...
The Court of Appeals held that "MCL 700.2503 permits the admission of a will to probate that does not meet the signature requirement in MCL 700.2502(1)(b), as long as the proponent establishes by clear and convincing evidence that the decedent...
In a published case, the Court of Appeals reversed the trial court's order to the extent it ruled that compliance with the parenting time order constituted "full-time" and remanded for it to consider (where relevant) the Workman factors in...
The court agreed with plaintiff that the trial court erred in failing to consider whether the change was in the child's best interests, noting it "failed to make reviewable findings of fact regarding whether a modification of defendant's parenting...
The older we get, the faster time seems to go. Often people are too busy with the needs of today to think about planning for the future. By the time you retire or need extensive medical care, you may be ineligible for long-term health insurance...
Thus, it affirmed in part, reversed in part, and remanded. Plaintiff sued defendant for injuries she sustained when she slipped and fell on ice in a common area of the apartment complex where she resided. The trial court summarily dismissed her...
The trial court terminated respondent's parental rights on the basis that she exposed the child to harm, including allowing improper contact with adult guests, including the child's biological mother, who had previously violently abused the child,...
While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this becomes a reality, having someone designated...
Plaintiff alleged that she was injured "when she fell over the sheer edge of an excavated hole created by defendants." The trial court found that her failure to personally sign the notice letter was a "fatal defect." On appeal, the court concluded...
Whether you a father seeking more parenting time and decision-making power in your child’s life, or you are a mother who is fearful of losing a child, custody battles bring out the worst fears (and sometimes, simply the worst) in...
When you're thinking of long-term healthcare for an elderly loved one, you need to be aware of the laws in Michigan. Medicaid, for example, has very strict guidelines for who can and can't qualify. Residents over the age of 65 or people with...
The parties divorced and the trial court handled the distribution of property as well as spousal and child support. On appeal, the court rejected plaintiff's argument that the trial court's distribution of the marital property was not equitable....
A residence was conveyed to the decedent, Lyle F. Steiner, and the intervenor, Steven M. Steiner (Lyle's son). Years later, when Lyle passed away, Steven was appointed PR of Lyle's estate. "DHHS filed a claim against the estate for unpaid Medicaid...
If you have elderly relatives who still live in their homes, they probably rely on you for a number of things; whether it is to help them to doctor’s appointments or to ensure that they don’t sign off on dubious documents. For as much help as...
When considering estate planning, you are probably aware of the role of a will. While the traditional thought associated with a will is how property is handled after death, it can also be used to plan for medical treatment if you cannot make...
At age 22, Plaintiff moved to Florida with her boyfriend in 6/12. "During her testimony, plaintiff repeatedly referenced 'moving' to Florida and 'visiting' in Michigan." She signed a lease for a duplex in Florida "and lived there with her boyfriend...
Plaintiff fell when exiting defendant's store, tripping on "what she described as 'uneven' pavement." The court noted that she made no effort "to identify any unique circumstances that would render such an open and obvious condition unreasonably...
It can be difficult to consider the end of our lives when we are in good health, but lives can change at any moment so it is wise to be prepared for any situation that may arise. Despite the many benefits of a last will and testament, studies have...
