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...
Defendant was arrested at a gas station for carrying a concealed weapon without a concealed pistol license (CPL). The arrest was conducted by Police Officers, they saw defendant with a partially concealed handgun in his waistband from their vehicle...
Defendant argued that plaintiff does not have authority to foreclose on his property solely because of unpaid fines.
A patent ambiguity exists if an uncertainty concerning the meaning appears on the face of the instrument and arises from the use of defective, obscure, or insensible language.
Originally posted on 10/11/2019.
At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...
This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...
Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...
Defendant developed the Stone Valley Development, a residential development, and conveyed to plaintiffs by warranty deeds Lots 1, 2, 3, 5 and 6. The Stone Valley Development is subject to a Declaration of Easements and Restrictive Covenants (DERC)...
In a separate case, defendant’s parents filed a petition to terminate plaintiff’s parental rights and adopt RM on the ground that plaintiff had been absent from RM’s life for over three years. One month before the petition was...
FACTUAL BACKGROUND
On September 30, 2013, plaintiff filed for divorce. On November 14, 2013, the court entered an order for custody and parenting time awarding plaintiff and defendant joint legal and joint physical custody of the child. On...
BACKGROUND
Plaintiffs’ suit primarily alleges that defendant is conducting rental activity on its property in violation of the Manchester Township Zoning Ordinance (MTZO). Plaintiffs requested an order enjoining defendant from operating a...
Unfortunately, COVID-19 has resulted in many bankrupt restaurants. A lot of restaurants had to close their doors because of the pandemic and the social distancing regulations that were put in place. If your business has not been able to ride this...
Plaintiff appeals as of right the trial court’s March 6, 2019 judgment of divorce. The judgment of divorce, among other things, incorporated the awards pertaining to spousal support, property division, and costs and fees that had been...
Appellant’s father created the Trust in May 2008. The Trust was amended several times, including in May 2012, when it was declared that the Trust would become irrevocable upon decedent’s death. Decedent died in May 2015, and Appellant...
The parties have two children in common, and both children are now adults. The parties were never married, but plaintiff was granted custody and defendant was ordered to pay child support. After the youngest child turned eighteen, defendant sought a...
BASIC FACTS
The parties divorced in 2018. Their judgment of divorce provided that plaintiff would have primary physical custody and that the parties would have joint legal custody of the two minor children. The judgment of divorce stated that the...
This case arises from the creation of the (Trust) by Decedent. At the time the Trust was formed, Decedent chose herself as trustee, and named as residuary trust heirs her three children: including appellant. In addition, the...
The parties divorced in 2013. The judgment of divorce granted mother sole physical and legal custody and ordered that the child’s domicile would remain in Michigan. In 2015, the trial court granted mother’s motion to change domicile,...
Originally posted on 11/08/2019
There are many different levels of crime and the consequences once someone has been charged with them. One bracket of crimes is known as a misdemeanor. Let’s go over this level of crime and some common...
Defendant and Decedent met in August 2017. In approximately November 2017, Decedent began talking constantly about wanting Defendant to take her to see an attorney for the purpose of changing her will. On March 19, 2018, Defendant filed a petition...
There has been a new law regarding expungements for the state of Michigan.
Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...
Plaintiff and defendant were divorced in July 2017. The judgment of divorce stated that the parties would have joint-legal and joint-physical custody, and provided for a parenting-time schedule. Defendant filed many motions to change custody,...
Plaintiff and defendant were divorced in February 2016. The divorce judgment, entered in February 2016, required plaintiff to pay defendant $3,500 per month in spousal support until her death, remarriage, or further order of the court. The judgment...
The parties have two children, and in 2012 an order was entered requiring Defendant to pay $460 in monthly child support to Plaintiff. In 2018 and early 2019, there was a flurry of friend of the court (FOC) investigations, referee hearings and...
Rem
Originally posted on 12/06/2019
There is something in most people’s life they regret - if they could redo a moment, they would have done it better. Although there is no physical way to erase the past or redo past wrongs, there is a...
Plaintiff filed an eminent-domain complaint requesting the condemnation of certain real property owned by Defendant. Plaintiff sought easements across the land for the purpose of rebuilding and upgrading an existing transmission line. On the basis...
BACKGROUND
The instant dispute arises out of an express easement that was created by a 1989 consent judgment, which settled litigation between the parties’ predecessors in interest. After the parties’ mistake concerning the boundaries...
