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...
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...
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...
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...
The parties were married in 1998 and their divorce was finalized in 2015. Following entry of the judgment of divorce, both parties filed motions for attorney fees. Defendant argued that he was entitled to attorney fees because plaintiff had driven...
The period between the end of January and the second week of April is widely known as “tax season.” Most people anticipate receiving a refund after filing their federal income tax returns. However, there are a number of scenarios that may bring...
Defendant pleaded no contest to OWI, third offense, and operating without a valid license.The trial court sentenced him to 3 years' probation, with 60 days to be served in jail and 1 year of SCRAM tether. Among the conditions of his probation were...
Plaintiff appealed the trial court's order denying plaintiff's motion to modify physical custody of two of the parties' minor children. In 2014, a consent order was entered wherein the parties agreed to share joint legal custody of all three...
There is a great deal of information available on the internet concerning the issues that parents may face that require a solid estate plan. The volume of storylines addressing estate planning for young parents may seem to suggest that married...
If you have been paying attention to recent headlines regarding tax law, you likely have heard that tax season has officially begun. This means that the Internal Revenue Service is ready to start accepting federal income tax returns. In all, the...
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...
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...
