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Concluding that the trial court clearly erred in finding that a latent ambiguity existed in the deed and in reforming the deed, the court reversed the order granting the intervenor's petition to reform the deed & remanded for entry of summary disposi

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...

What to consider if you inherit someone's home

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...

The role of an advance health care directive in a will

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...

Applying the Dairyland/Workman factors, the court held that there was no genuine issue of material fact that the plaintiff was not domiciled with the defendant's insured (plaintiff's mother) at the time of the accident.

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...

Holding that the uneven pavement on which the plaintiff tripped and fell was open and obvious as a matter of law, the court affirmed the trial court's order granting the defendant summary disposition in this premises liability action.

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...

A basic introduction to wills

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...

Holding that the trial court did not clearly err in finding that §§ (b)(ii), (g), and (j) were established by clear and convincing evidence, the court affirmed the order terminating the respondent-mother's parental rights.

Respondent-mother admitted that her son (WB) sexually abused the children at issue in this case (her daughters, AT and HK), but asserted that there was no evidence she "had an opportunity to prevent the abuse." The court found her argument...

Holding that the trial court did not clearly err in finding that terminating the mother's parental rights was warranted under §§ (g) and (j), the court affirmed the termination order.

The children "were placed in protective custody after respondent used inappropriate physical discipline on her son and authorities discovered that respondent's home lacked food and sleeping accommodations for the children." The trial court ordered...

The court held that the circuit court improperly awarded sole custody of the parties' child to the father absent a best-interest analysis, and should have continued the child protective proceedings as the mother pleaded to jurisdictional grounds.

As the mother's case proceeded, the circuit court placed the child in the father's custody, and instead of continuing the matter so respondent could engage in services and work toward reunification, it completely dismissed the child protective...

The court concluded that the trial court erred in not considering the defendant-father's rental profits and payments made to his second wife in calculating his income for 2014, and that evidence had come to light impeaching his hearing testimony.

Concluding that the ex-husband was engaging in an impermissible collateral attack on their consent divorce judgment, the court also rejected his challenges to the trial court's order holding him in contempt.

Plaintiff was awarded 50% of defendant's retirement pay, or "disposable military retired pay," as calculated based on his creditable military service during the marriage. They also agreed to an "offset provision," which was designed to "address a...

The court held that the trial court did not err in finding there was an ECE in both parties' individual households, or in applying a clear-and-convincing-evidence standard when determining whether there should be a change in physical custody.

Agreeing with defendant-Allstate that the trial court erred in granting plaintiff-Ruben's motion for relief from the final judgment's no-appeal provision, the court vacated the portion of the order granting Ruben relief, and remanded.

Intervening plaintiff-Badgett was entitled to no-fault benefits from Allstate. After a "jury trial involving a dispute over Ruben's charges to Allstate for medical services and products provided to Badgett, the parties entered into a final judgment...

Concluding that the probate court's refusal to set aside the judgment was harmless, the court found no basis for reversing the denial of the petitioner's motion to set aside the judgment in this will contest.

Petitioner, the decedent's son, asserted that the decedent executed a will leaving almost the whole estate to him. Respondent, the decedent's daughter, contended that he "forged the document he wished to enter into probate, and thus that the...

The court held that the trial court erred by granting summary disposition to defendant on the plaintiffs' claims of adverse possession, prescriptive easement, and easement by necessity.

Plaintiffs filed suit to quiet title to a circular driveway that runs through property owned by one of the defendants and provides access to property currently owned by the trust. On appeal, the court agreed with plaintiffs that by virtue of...

After remand, in which the court instructed the trial court to reevaluate its best-interests determination in light of the children's placement with a relative, the court held that the trial court complied with its remand instructions, and affirmed.

On appeal, the respondent offered two claims of error as to the trial court's decision to terminate respondent's parental rights to CC and AC. First, respondent argued that the trial court clearly erred by finding that termination was appropriate...

Holding that the jury's decision to award the plaintiff no noneconomic damages was grossly inadequate and against the great weight of the evidence, the court reversed the trial court's order denying her noneconomic damages and remanded for a new tria

Plaintiff was seriously injured when she and the defendant collided while skiing. The jury declined to award either economic or noneconomic damages, even though it found defendant 50% negligent. The trial court found that the verdict as to economic...

Holding that the trial court committed clear legal error by failing to make findings as to several disputed issues, the court vacated the trial court's PT modification and remanded the case for reconsideration of the contested best-interest and PT fa

Plaintiff-mother appealed a final order closing the case in this child support and parenting time dispute. However, her issues on appeal related to the trial court's prior order granting the defendant-father out-of-state parenting time. Plaintiff...

Holding that a custody agreement existed between the plaintiff-father and the defendant-mother, but that the trial court failed to adequately consider the child's best interests before it entered the custody judgment, the court vacated and remanded.

The parties had a child together, but never married. They entered into a mediated parenting time and custody agreement. Defendant later objected to the agreement and requested a best interests hearing, which the trial court denied. On appeal, the...

Whether allowing the Department of Health & Human Services (DHHS) to recover for Medicaid benefits that were received prior to the notice violated constitutional & statutory protections.

Prior to her death in 1/14, Angeline LaMarche received $107,310.76 in Medicaid benefits. After she passed away, the DHHS pursued recovery in that amount against the estate. On appeal, the estate again argued that allowing the DHHS to recover for...

The trial court properly terminated the respondent-mother's parental rights to the child where the statutory grounds were established by clear and convincing evidence and termination was in the child's best interests.

The trial court assumed jurisdiction because she was mentally unstable and unable to provide consistent care. She failed to benefit from mental health services. Although respondent's case manager (R) gave generally favorable testimony, he also...

The court held that the trial court properly terminated the respondent-father's parental rights to the children where the statutory grounds were established by clear and convincing evidence.

Respondent's argument focused on the fact that he was released from prison prior to the termination hearing. He claimed he was now prepared to parent the children, or would be prepared to do so soon. The record indicated otherwise. As it related to...

The court rejected the plaintiff-ex-husband's challenges to the trial court's property division and orders relating to insurance policies, but agreed that remand was required as to the award of attorney fees and costs to the defendant-ex-wife.

Thus, it vacated the order awarding attorney fees and remanded for further proceedings on this issue, but otherwise affirmed. As to the application of the Sparks factors, while "defendant received significantly more property than plaintiff" under...

After remand to the trial court for further proceedings, the court held that the trial court did not clearly err in finding that terminating the respondent-mother's parental rights was in the best interests of her five children.

On remand, the trial court conducted an evidentiary hearing and "provided a clear ruling explaining why it found termination" was in the children's best interests. It considered the appropriate factors and found that respondent "was not compliant...

The court held that the trial court properly terminated the respondents-parents' parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.

The trial court terminated their rights based on their abuse of the child's sibling and/or failure to protect her from the other parent's abuse. On appeal, the court rejected respondent-mother's argument that termination was inappropriate because...

The court held that the trial court did not err by granting the defendant-insurer's motion for summary disposition in the plaintiff's action seeking uninsured motorist benefits.

Plaintiff sued defendant for injuries he sustained when he was struck by an automobile as he was removing groceries from the trunk of another automobile. The trial court ruled for defendant, finding that because plaintiff "was not 'occupying' the...

The Court of Appeals held that the defendant's sentence must be remanded for a Crosby hearing.

Defendant was convicted of OWI causing death and sentenced to one year in the county jail for killing a bicyclist with his car. The prosecution argued that the trial court erred in imposing an unreasonable sentence of a year in the county jail...

The court held that the trial court correctly ruled that §§ (c)(i), (g), and (j) were established by clear and convincing evidence, and did not clearly err in finding that termination was in the child's best interests.

The Court of Appeals affirmed the order terminating her parental rights. It was undisputed that more than 182 days passed between the initial dispositional order and the termination order. "During that time, respondent did not comply with any...

The court held that the trial court properly terminated the respondent-father's parental rights to the three children where the statutory grounds were established by clear and convincing evidence and termination was in their best interests.

Given the length of the case and his "noncompliance, lack of accountability, and his substance abuse issues-including multiple relapses when he was close to reunification- there was not a reasonable expectation that he would be able to provide...

Holding that the trial court did not abuse its discretion by denying defendant-Norman's (father) motion to change custody and allowing plaintiff-Curtis (mother) to retain primary physical custody of the parties' minor daughter (S), the court affirmed

Norman argued that the trial court's finding of an ECE with Curtis was against the great weight of the evidence, meaning that the trial court erred by applying a clear and convincing standard as opposed to a preponderance of the evidence standard....

The court held that the probate court did not clearly err in ruling that the decedent's bank accounts did not have rights of survivorship and in ordering the appellants to disgorge funds they withdrew from his bank accounts shortly after his death.

The decedent maintained checking and savings accounts. Shortly before his death, while he was hospitalized and unable to communicate, appellant-Claudette Greenhoe deposited an inheritance check that the decedent received in his savings account. The...

Holding that the trial court did not clearly err in terminating the mother's parental rights where the DHHS made reasonable efforts to reunite her with the child, the court affirmed.

She agreed that the DHHS was not required to provide services because termination was sought in the initial petition. However, she contended that she should have been provided with services toward reunification because she "seemed ready, willing,...

Concluding that Marin properly interpreted a former version of § 19b(1) as not requiring the child be in foster care for a termination petition to be considered, the court rejected father's request to declare a "but for" conflict under MCR 7.215(J)(2

Before the child was born, respondent (at the age of 18) pleaded guilty to CSC I. The victim was his nine-year-old cousin. Petitioner testified that she learned the facts of respondent's conviction after she gave birth to the child, and broke off...

In an issue of first impression in a published opinion, the court held that a defendant's consent to search her home was not an "incriminating statement" under the Fifth Amendment because it was "not testimonial or communicative evidence."

After being arrested during a traffic stop, defendant-Calvetti signed her Miranda warnings, acknowledging that she knew her rights and indicating that she "did not want to answer questions." She argued that the DEA agent's continued questioning...

The court rejected defendant's appeal holding that he was not "constructively denied the assistance of counsel" based on the 12 minutes between the appointment of new counsel and his supervised release hearing.

He argued that the court should "dispense with" the Strickland prejudice inquiry and "presume prejudice" under Cronic, which provides an exception to a prejudice inquiry "where 'the likelihood that any lawyer, even a fully competent one, could...

The court held that the trial court did not err by setting off receiver fees and support arrearages owed by the ex-husband to the ex-wife from plaintiff's obligation to pay defendant 50% of the equity in the marital home.

In the divorce judgment, plaintiff was awarded the home, and defendant was awarded a 50% equity interest in the home. The judgment also covered the parties' various other obligations. Shortly before the divorce, defendant entered into a written fee...

The court affirmed the circuit court's holding that it lacked subject-matter jurisdiction and remanded the issue of reasonable compensation for an evidentiary hearing.

The case involved plaintiff's challenge to an amendment of the Trust that disinherited him. Both plaintiff and defendant-Paul M. Lubienski (secondary successor trustee) jointly argued that the circuit court erred in concluding that it lacked...

The court reversed the grant of the defendants' summary disposition motion and denial of the plaintiffs' motion for partial summary disposition on the issue of the existence of a prescriptive easement.

Concluding that the trial court should have applied Haab as clarified by Widmayer, the court reversed the grant of the defendants' summary disposition motion and denial of the plaintiffs' motion for partial summary disposition on the issue of the...

Concluding that MCL 700.5310 did not apply and that the appellant's argument lacked merit, the court affirmed the probate court's order dismissing her petition to modify the order appointing the appellee as conservator.

The legally incapacitated person at issue, Mary Janet, was the parties' mother. Appellee, her son, was appointed her guardian and conservator. Appellant, her daughter, sought to modify the conservatorship by removing appellee as conservator and...

The court remanded the case to the trial court for more complete findings and conclusions of law as to the contempt proceedings.

The plaintiff-wife challenged the trial court's order finding her in contempt on two grounds. First, she contended that the trial court clearly erred in concluding that she willfully disobeyed its orders requiring that her children be afforded...

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