Plaintiff and defendant were married in December 2008 and had one minor child born during the marriage, AM. Plaintiff also had a daughter from a prior marriage, who is not at issue in this matter. During the parties’ marriage, plaintiff was...
Browse Our Blog for Knowledge on How to Protect Yourself Legally and to See Examples of How We've Achieved Results
The trial court held that in the absence of a written agreement, plaintiff was not entitled to have the house conveyed to her because an oral agreement to transfer the house was barred by the statute of frauds. The trial court entered an order dismissing plaintiff’s claim for quiet title to the house and dismissing defendant’s counterclaim.
Plaintiff requested sole legal custody, arguing that she and defendant had difficulty co-parenting and that defendant would not agree to medical treatment for the diagnosis and treatment of ADHD, need for orthodontic work, and need for vision testing and glasses. Plaintiff also requested an alternating weekly or biweekly schedule during the summer, which would increase her overall parenting time.
Understanding your legal rights often makes the difference between civil interactions with law enforcement and you facing severe consequences. A shoplifting conviction can be embarrassing and even worse can mean greater difficulty in getting a job...
REAL ESTATE 41: An assertion of jurisdiction over property is anything but an assertion of jurisdiction over the owner.
Defendant contends that LLC did not provide him with adequate notice of its claim for possession
FAMILY LAW 36: Trial court found proper cause because health and education are important subjects relating to custody.
The trial court found that proper cause was established because the children’s health and education are two very important subjects relating to custody. When parents cannot agree on a child’s medical treatment and educational course, these topics can have significant effects on a child’s well-being.
WILLS/TRUSTS 18: Probate court erred in concluding that a statute of limitations barred plaintiffs’ claims challenging the Trust.
Plaintiffs requested a declaration that all amendments to the Trust executed after April 2007 were void because Settlor did not have capacity to execute them, and because Settlor was unduly influenced by her son.
MCL 211.7cc(2) provides that an owner of property can claim the PRE by filing an affidavit that must state that the property is owned and occupied as a principal residence by that owner of the property on the date that the affidavit is signed and shall state that the owner has not claimed a substantially similar exemption, deduction, or credit on property in another state.
As of the 2018 election, Michigan voters approved the possession, use, and sale of recreational marijuana in Michigan. The ballot initiative passing sent ripples through Michigan’s marijuana regulatory agency that will impact the current...
In this case, plaintiff received approximately $57,000 or $67,000 from her parents. The trial court included the money from plaintiff’s parents as income for its 2017 child support calculation.
According to the motion, Article III only allowed the identification and distribution of heirlooms, not all personal property. P argued that the John Deere tractor and other valuable items were not heirlooms and should not have been distributed to N.
Separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
A motion for summary disposition under MCR 2.116(C)(10) should be granted if the evidence submitted by the parties fails to establish a genuine issue of a material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.
Most contracting agreements move forward without any problems, but when disputes between contracting parties come up, it can be confusing to understand the legal process to take. The legal experts at Aldrich Legal Services want to make the...
Plaintiff argues that the trial court erred by declining to consider the possible tax consequences arising from the selected distribution method.
The land contract stated that T Company sold real property to plaintiff. The land contract further stated that if plaintiff failed to make a monthly payment, T Company could execute the quitclaim deed, thereby terminating plaintiff’s rights to the real property under the land contract.
The trial court granted defendants’ motion for summary disposition, concluding that the claims against the realty companies were barred by the valid release contained in the purchase agreement and that the claims against sellers were required to be resolved in arbitration because they fell within the scope of the arbitration clause in the purchase agreement.
DIVORCE 29: Spousal support in gross is non-modifiable, whereas periodic is subject to modification.
As the name implies, periodic spousal support payments are made on a periodic basis. Periodic spousal support payments are subject to any contingency, such as death or remarriage of a spouse, whereas spousal support in gross is paid as a lump sum or a definite sum to be paid in installments. In addition, one major difference between the two types of spousal support is modifiability. Spousal support in gross is non-modifiable, whereas periodic spousal support is subject to modification pursuant to MCL 555.28.1.
When something drastic happens, many people need to take extra steps to rebuild your home, recover property, or pay medical bill collectors. Unfortunately, most people believe they have no backup plan if their insurance company refuses their claim...
A probate court’s consideration of the couple’s circumstances cannot involve an assumption that the institutionalized spouse should receive 100% free medical care under Medicaid or an assumption that a community spouse is entitled to maintain his or her standard of living. Medicaid is a need-based program, and a Medicaid recipient is obligated to contribute to his or her care.
REAL ESTATE 37: Trial court can set aside a foreclosure sale if there is a strong case of fraud or irregularity.
When the statutory requirements for mortgage foreclosure are met, a trial court generally lacks authority to set aside a foreclosure sale except in a strong case of fraud or irregularity.
The court found the requested change of domicile will not change the children’s established custodial environment. Additionally, at the January 8, 2019 hearing, the trial court discusses the established custodial environment, and father’s counsel acknowledges that the established custodial environment is with the mother.
Michigan includes a point system as part of the enforcement process for driving. Officers assign points to a driver’s record for violations such as going through a red light, driving recklessly, or speeding. Points carry consequences for...
Respondent, now represented by counsel, filed a motion for reconsideration or relief from the probate court’s order, arguing that the order inappropriately distributed trust assets before other issues in the action were resolved, and arguing further that respondent was prejudiced by his lack of notice and inability to retain counsel before the hearing.
The trial court’s observation that defendant was able to live in the house rent-free for 14 years was an additional equitable reason for rejecting defendant’s claim that she should be awarded part of the value of the real property.
REAL ESTATE 36: Plaintiff argued that her claim was not time-barred because it did not accrue until the grandmother’s death.
Plaintiff’s interest in the subject property is best characterized as a remainder estate, because her right to possession of the property was postponed until the occurrence of a specific contingency, that being the deaths of the grandparents. Plaintiff pursued this action within the 15-year limitation period; accordingly, this action is not barred by MCL 600.5801(4).
DIVORCE 27: Settlement reached at mediation must be signed to be binding, or recorded by audio or video.
The fact that this agreement as to custody and parenting time did not resolve all the disputes between the parties, with the court recognizing that some other little things purportedly agreed to at mediation were going to be added to the judgment, does not render the partial agreement invalid. Plaintiff is entitled to a trial on these remaining, unresolved issues.
No matter how a divorce began or how complicated the proceedings became, couples typically emerge with a substantial agreement about finances, assets, children, living situations, and any other relevant information. These legally binding...
REAL ESTATE 35: An easement holder has the limited right to use the land but does not have the right to possess that land as does the fee owner of the land.
Accordingly, plaintiffs requested declaratory relief, allowing them to make the proposed modifications to the easement as depicted in the gravel drive improvement plan and prohibiting the defendants from interfering with their maintenance of the easement.
The trial court determined that under the UCC, the express terms of the parties’ agreements prevailed over the course of their performance and course of dealing. Although a course of performance may show that parties have waived a specific contractual term under MCL 440.1303(6), the statute does not similarly provide that a course of dealing may demonstrate waiver.
In support of the allegations, petitioner attached clinical certificates from a physician and a psychiatrist who observed respondent at the hospital. Both doctors diagnosed respondent with bipolar disorder, determined that she displayed a likelihood of injuring herself and that she did not understand the need for treatment, and recommended a course of treatment that consisted of 60 days of hospitalization and 90 days of outpatient care.
The appeals court was concerned with the trial court’s minimization of the effect of the domestic violence in the home upon the parties’ children.
Being sensitive to the fact that respondent must walk the tightrope of balancing the needs of consumer, sometimes against one another, with the limited resources that it has, MCL 330.1536 is clear that respondent cannot transfer a consumer if the transfer would be detrimental to that consumer.
LITIGATION 5: The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.
The trial court then entered an order settling the consent judgment, which stated that the parties stipulated, on the record, to settle plaintiff’s inverse condemnation claim for $10,000, and that the settlement was approved by defendant’s city council.
So, you have a great idea and the experience to back it up. You are in a great starting place, but you have some work to do before jumping into forming your own business. Consider the following steps before you begin the process of starting your...
FAMILY LAW 33: Defendant posited that he was an affiliated father under the Revocation of Paternity Act.
Following entry of the judgment of divorce, plaintiff filed a motion for revocation of an acknowledged father’s paternity under MCL 722.14371 of the Revocation of Paternity Act (RPA).
The fact that an irrevocable trust, which includes former assets of an institutionalized spouse, can make payments to a community spouse does not automatically render the assets held by the trust countable for the purpose of an institutionalized spouse’s initial eligibility determination.
FAMILY LAW 32: Trial court committed error in failing to address whether there was an established custodial environment.
On appeal, plaintiff argues that the trial court failed to make any findings regarding (1) the child’s established custodial environment, (2) the child’s best interests regarding the grant of primary physical custody to defendant, (3) the child’s best interests with respect to parenting time, and (4) the child’s best interests pertaining to the parties’ dispute over daycare.
the probate court determined that Daughter J had managed the estate in a manner that promoted her own interests as a beneficiary over the interests of the estate. The probate court found that such management demonstrated mismanagement of the estate and that removal of Daughter J was therefore in the best interests of the estate.
One tough break seems to lead to another. If you get behind on mortgage payments, you could be in danger of having your house foreclosed upon by the bank. Lenders foreclose on real estate to recoup their losses. But this means you won’t have a...