To establish a negligence claim, a plaintiff must show: (1) that the defendant owed a duty to the plaintiff, (2) that the defendant breached the duty, (3) that the defendant’s breach of the duty caused the plaintiff injuries, and (4) that the plaintiff suffered damages.
Browse Our Blog for Knowledge on How to Protect Yourself Legally and to See Examples of How We've Achieved Results
Originally posted on 10/20/2017 If you are charged with a crime, you could face severe penalties that could include financial fines, public service, or even jail time. For those in the Michigan area, hiring an attorney experienced in...
The trial court noted plaintiff’s testimony that the move was designed to provide KSJ with more stability, however, that since the evidentiary hearing, plaintiff’s employment changed again, with her new work hours resulting in frustrating the current parenting time exchange schedule.
WILLS/TRUSTS 31: Petitioner disputes transfers to trust and filed petitions to have the funds and property returned to her.
The court found no basis to void the transfers based on EC’s evidence. Based on her testimony, the probate court had evidence to support the finding that ED did know what she had signed and the effects of it but simply did not remember.
REAL ESTATE 83: Circuit court entered an order vacating the district court’s termination of redemption rights and permitting KN to redeem the property.
In October 2017, the circuit court entered an order vacating the district court’s default judgment, and the affidavit of termination of redemption rights, and permitting KN to redeem the property before January 5, 2018.
In Michigan, the Child Custody Act of 1970 (CCA) governs custody, parenting time, and child support issues for minor children; it is the exclusive means by which to pursue child custody rights.
Originally posted on 02/23/2018 Real estate litigation can happen to anyone, from buyers and sellers to real estate agents, there’s always a potential for a lawsuit. With a lot of money on the line, it’s crucial to have an...
The probate court explained that the owners of the account are S and J. When S passes, J becomes the owner of the account. J is the one who had the authority to make the designation. Nowhere in any documents is there a designation by J that SJ be the owner -- or the beneficiary of the account. The designation made by his father was no longer binding because he was no longer the owner at the time J passed away.
Originally posted on 07/19/2017 While the “right to remain silent” represents one of your most inalienable rights, many people have a few misconceptions about how it works. Many people receive their understanding of this...
REAL ESTATE 82: Plaintiff filed quiet title asserting that it could satisfy the elements of adverse possession.
A party claiming adverse possession must show clear and cogent proof of possession that is actual, continuous, open, notorious, exclusive, hostile, and uninterrupted for the relevant statutory period.
When one significantly assists in the acquisition or growth of a spouse’s separate asset, the court may consider the contribution as having a distinct value deserving of compensation.
DIVORCE 65: Both parties were ordered to cooperate with the supervised parenting time and reunification therapy.
The trial court entered a consent judgment of divorce, awarding sole legal and physical custody of the children to mother, but awarding father supervised parenting time.
Originally posted on 02/10/2017 Law enforcement agencies are always looking for an edge in fighting crime. As cell phones have become an indispensable part of life for many people, authorities have taken to using these devices to track...
PROBATE 50: Court held that she was not a beneficiary of his will or trust because they were revoked when he and her mother divorced.
Under the EPIC, absent express terms to the contrary in the governing instrument, when a testator who has executed a will subsequently divorces his spouse, the divorce revokes any disposition or appointment of property to either the former spouse or the former spouse’s relatives.
Respondent moved to terminate the PPO. Respondent asserted that petitioner’s allegations were false. A proceeding on respondent’s motion to terminate was held with a family court referee, not a trial court judge.
Originally posted on 01/20/2017 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...
Respondent argues that the Mental Health Code, MCL 330.1001 et seq., requires that two separate, independent examinations be conducted before a hearing can be held on a petition for involuntary treatment.
Originally posted on 12/22/2016 Estate planning can induce fear for wealthy parents. Anyone who has seen the movie “Arthur” (either the Dudley Moore or Russell Brand versions) can understand the frustrations wealthy parents...
FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.
For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.
Defendant, EV Condominium Association, denied plaintiff’s record-inspection requests because, according to defendant, the requests did not state a proper purpose. This led plaintiff to file a complaint in the trial court to compel his record inspection requests.
WILLS/TRUSTS 30: Bank cannot assert standing as a personal representative because the court held that it was not a successor co-personal representative.
Following the hearing, the court entered an order appointing B as sole personal representative. The court stated that the will contained no language indicating the ‘successors and assigns’ of N Bank would act as Personal Representative if N Bank was unable to act.
Originally posted on 01/09/2017 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...
The court noted that the plaintiff, who worked part-time for her family-owned business, was also employed during the marriage in various roles with SE and contributed to its valuation through her direct efforts.
CONTRACTS 20: Because the parties never reached an agreement on the material terms related to the issues a contract was never formed.
According to plaintiffs, the parties entered into a binding settlement agreement through an e-mail exchange between the parties’ respective counsel.
The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.
REAL ESTATE 80: Only fraud or irregularity related to the foreclosure proceeding itself justifies setting aside a foreclosure sale.
Plaintiff purchased a home in Dearborn Heights, Michigan in 2007 with a mortgage. On February 19, 2019, the lender sent a letter to Plaintiff indicating receipt of her request for mortgage assistance (RMA) and submitted documents. Three days later,...
Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...
Decedent nominated respondents as co-personal representatives, bequeathed her entire estate to respondents, and indicated that she intentionally made no provision for petitioner.
Petitioner and respondent were previously married and were divorced at the time that the petitions were filed. Respondent’s parental rights to both RP and HP were terminated in May 2018. Respondent had little to no contact with the minor...
Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...
Defendants are residents of the Subdivision No. 1. Defendants’ lots abut a man-made canal, Channel 1. Plaintiffs are residents of the Park Subdivision, which is located on the other side of Channel 1. At issue in this case is the extent to...
But it is for the trier of fact to determine the credibility of Officer testimony and the weight to give the evidence presented at trial.
Divorce 63: Defendant’s spousal support conditioned upon whether plaintiff engages in contract work.
The trial court’s decision not to impute income to the work to render it essentially an obligation, and instead to condition spousal support payments on whether plaintiff chose to accept contract work was not outside the range of reasonable outcomes.
Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...
In a situation such as this, involving an out-of-state decedent whose Michigan property passes intestate, Article II of EPIC controls, possibly except for the rules regarding spousal election.
Guaranty contracts are to be construed like other contracts. G’s personal guaranty lack ambiguity. Her personal guaranty induced the landlord to enter into the Lease. Under the terms of her guaranty, she assented to all of the provisions of the Lease.
The trial court found that the parties mutually agreed to place the children in school in Michigan upon J’s move to California. That decision changed the children’s lives.
Originally posted on 03/06/2017 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...
The parties were married for five and a half years with only one child, divorcing in December 2018. Plaintiff continued to live in the marital home in Washtenaw County after defendant moved out. Following the divorce, defendant moved to Fowlerville....
WILLS/TRUSTS 29: Burden is on the will contestant to establish the will is void for lack of testamentary capacity.
The right to contest a will is statutory and the burden is on the will contestant to establish the will is void for lack of testamentary capacity. Whether a decedent had testamentary capacity is judged as of the time of the execution of the instrument, and not before or after.