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.
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....
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.
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.
