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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
