Originally posted on 12/16/2016
With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...
In this case, the trial court awarded plaintiff a lesser portion of the marital estate because of her illness and anticipated short life expectancy. The trial court awarded plaintiff a life estate interest in the marital home, while granting...
An established custodial environment may exist in more than one home and can be established as a result of a temporary custody order, in violation of a custody order, or in the absence of a custody order.
This case arises out of a dispute among the T siblings regarding the administration of their mother’s trust. The trust was executed on August 19, 2010. At that time, the mother was the trust’s settlor and sole trustee.
Trust
The...
Originally posted on 11/16/2016
Women account for about 30 percent of all small business owners across the United States. Like their male counterparts, women business owners must plan for the future of their families with the same...
This dispute between neighbors deals with drainage. Both sides complain that surface water pools on their land and that the opposing party is responsible.
Plaintiff retains the right to oppose recognition and enforcement of the India divorce decree. However, whether the India divorce decree should be recognized and enforced in Michigan can only be determined after it has been issued.
The trial court determined, based on documentary evidence provided by the parties, that plaintiff was not the real party in interest, but was instead comprised of former members of the Church that had joined an affiliated, but legally distinct church.
This case arises out of a business dispute between family members. Each of the four men invested $200,000 for the purchase of a hotel in Michigan. The cost of the hotel was approximately $1,900,000 and the rest of the financing was obtained from...
Originally posted on 11/08/2016
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...
The parties married in 2013 while in Florida. Plaintiff was originally from Michigan, and defendant was originally from New Jersey. The child, JV, was born in 2014. The parties separated approximately one year later. The Florida courts granted the...
In a pretrial ruling, the trial court found that the $170,000 payment was intended as a loan, but further ruled that the terms of the loan should be decided by a jury.
Originally posted on 12/09/2016
Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...
The record reflects that plaintiff refused to cooperate with defendant regarding defendant’s parenting time until the circuit court intervened to enforce defendant’s rights.
The First Amendment was ratified by the requisite two-thirds of Association voters and was recorded with the Wayne County Register of Deeds in October 2018. Developer did not approve the First Amendment.
Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.
Originally posted on 04/12/2017
If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...
In addition, the attorney who assisted with the signings testified that before the signings he talked with JV to see if he understood what was happening and stated that he had no information and observed no signs indicating that JV was not competent.
The trial court found that plaintiff was not willing or able to facilitate and encourage a close and continuing relationship between JB and defendant.
Originally posted on 05/28/2017
When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...
A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.
Plaintiff filed a motion for summary disposition under MCR 2.116(C)(9) and (10), requesting that the court foreclose its construction lien and enter judgment for plaintiff in the amount of $213,389.20.
Originally posted on 11/25/2016
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...
In every services contract, there exists an implied duty to perform in a diligent and reasonably skillful workmanlike manner.
To safeguard the ward’s rights, on a petition to terminate a guardianship, the probate court must follow the same procedures that apply to a petition for the appointment of a guardian.
Before considering a change of custody, a trial court must find that there has been a change of circumstances or proper cause.
Originally posted on 11/07/2016
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...
Under Michigan law, owners of adjacent property may acquiesce to a property line other than the legal property line by treating a particular boundary as the property line.
D and T began a relationship when D was separated from his wife. After T became pregnant with the minor child, D and his wife reconciled. A few months after the minor child was born.
In May 2015, an order was entered with the consent of the...
The court also found that defendant was largely at fault for the dissolution of the marriage because of his infidelity. The court determined that a 55/45 split of the marital estate in favor of plaintiff was appropriate considering the relevant factors.
Originally posted on 11/02/2016
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...
More than five years later, plaintiff initiated a three-count complaint for breach of the right-of-first-refusal agreement, quiet title, and declaratory relief.
An individual designated as personal representative in a decedent’s will has priority of appointment unless he or she is disqualified or subject to a specified exception.
In order to give deference to the decisions of fit parents, it is presumed that a fit parent’s decision to deny grandparenting time does not create a substantial risk of harm to the child’s mental, physical, or emotional health.
This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.
Originally posted on 10/31/2016
It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...
Plaintiff supplied technical workers to defendant and retains a percentage of the fees received by the customers for the workers placed with them. The written agreement signed by plaintiff states the following terms regarding compensation: 5%...
In July 1999, plaintiff’s father gifted to plaintiff a 10% interest in Business. Shortly thereafter, in August 1999, plaintiff and defendant were married. Throughout the marriage, plaintiff and defendant maintained separate bank accounts. When...
This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...
Originally posted on 06/22/2018.
When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...
