On January 6, 2017, Governor Snyder signed into law the package of bills that abolish dower rights in the State of Michigan, however, the bills do apply the right of dower to a surviving widow whose husband passed away prior to the effective date of the bills.
The only fact the trial court used to rule that defendant should receive 25% of the value was that he contributed and sacrificed little to the Book of Business and this was not a concerted effort.
Plaintiff moved to set aside the revised proposed QDRO, arguing that it was time-barred under the ten-year statute of limitations set forth in MCL 600.5809(3).
To prevail on a claim of adverse possession, plaintiffs must show that they possessed the disputed property openly, adversely, exclusively, and continuously for at least 15 years. A party making an adverse possession claim can meet the time requirement by tacking their possessory period to that of their predecessors in interest with whom they are in privity of estate.
In this case, Defendant appealed his conviction of operating a vehicle while intoxicated, third offense.
A plea bargain is an agreement made between the prosecutor and the defendant in which the accused person agrees to plead guilty or no contest in exchange for the prosecutor dropping the charges or recommending a lower sentence to the judge or...
In this case defendant (father) appeals the trial court denying his motion to modify custody of the parties’ three minor children.
In instances of trespass where injunctive relief and actual damages are not warranted, a plaintiff nevertheless is entitled to nominal damages. Because a trespass violates a landholder’s right to exclude others from the premises, the landholder could recover at least nominal damages even in the absence of proof of any other injury.
Under the Michigan Medical Marijuana Act, both an immunity provision (Section 4) and an affirmative defense provision (Section 8) offer protection against prosecution for the medical use of marijuana.
The Michigan Supreme Court found that defendant's private driveway was an area generally accessible to motor vehicles. Because defendant allegedly operated a motor vehicle in his driveway while intoxicated, this was probable cause for OWI.
Being arrested in Michigan is certainly not going to be a fun experience no matter what, but it can be easier when you understand exactly what will happen and why. Find out more about how you can get out of jail by posting bond.
What are...
While the “right to remain silent” represents one of your most unassailable rights, many people have a few misconceptions about how it works. A lot of people receive their understanding of this particular right from media and...
Defendant appeals his conviction of unlicensed residential builder. The trial court sentenced to 18 months’ probation, and $6,300 in restitution.
Plaintiff ex-wife appeals trial court’s order awarding defendant ex-husband over $22,000 in attorney fees and costs incurred by defendant in addressing plaintiff’s contempt of court for violation of the parties’ divorce judgment.
The marijuana was found in his car’s trunk during a search that followed from a police dog alerting to the marijuana’s smell. Defendant argues that the trial court erred in finding that the search did not violate his rights under the Fourth Amendment.
Michigan forbids the presence of open alcoholic beverage containers in the passenger area of vehicles.
Defendant argues that the trial court’s 60/40 distribution of the marital estate in plaintiff’s favor was inappropriately punitive. According to defendant, the trial court placed a disproportionate amount of weight on the parties’ respective fault, while ignoring defendant’s significant financial contributions to the marital estate.
When a child is in relative placement, a trial court must explicitly address whether termination is appropriate in light of the children’s placement with relatives.
A license to access a lake is a mere permission to do some act or series of acts on the land without having any permanent interest in it.
The trial court’s opinion and order terminated respondent’s parental rights to the minor child under MCL 710.51(6) (failure to comply with a support order for two years or more and failure to visit, contact, or communicate with the child for two years or more).
When dividing property in a divorce, trial courts must first determine marital and separate assets.
The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.
Beneficiaries are entitled to contest the probate of the will. It is important that your will clearly state your intentions.
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 important issue that people need to think...
Plaintiff, age 67 at the time of divorce, and defendant, age 59 at the time of divorce, were married for 23 years. The judgment of divorce provides for a division of property. Defendant appeals arguing that the trial court erred in determining the...
Since the first smartphones were introduced nearly a decade ago, there has been a gradual shift from widespread use of traditional paper documents to digital documents. If you need proof, consider that most people have plane tickets on their phones,...
Plaintiff sought an increase in child support, claiming the defendant-father's income had increased substantially, which constituted a change in circumstances.
In July 2015, plaintiff filed a motion to modify child support. In that motion,...
Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. Indeed, the notion of authority can lead to citizens doing things that they are not required to do out of...
We all know that divorce is not easy, no matter how ready you may be to get out of a troubled marriage. There are certainly emotional hurdles to overcome as you move on with life, and the financial hurdles may take longer to get over than you may...
If you do not already have an estate plan in place, you likely have many questions about the wide range of legal tools that may be available for your interests. Some people believe that a basic will is all that is needed to create an effective...
Defendant appeals as of right his conviction, following a jury trial, of possession with intent to deliver marijuana. Defendant first contends that the trial court erred in excluding evidence relating to his debilitating medical condition, as well...
The parties were divorced on March 22, 2010, and agreed to share joint legal and physical custody of their two minor children through a consent judgment of divorce. Then, on May 4, 2010, plaintiff gave physical custody of the children to defendant...
Most of us dread the sight of flashing emergency lights behind us, signaling us to pull over. This generally means that a citation is imminent. But in some situations, law enforcement may want to take things a step further and ask us to “exit...
The probate court denied a petition for formal proceedings. The petition further identifies the petitioner as a "creditor" of the estate and states that "Litigation against the Estate is pending." Appellee is the widow and was...
Washtenaw Probate Court. The dispute in this case involves the meaning of the term "then beneficiary" in the Trust. This term defines the party or parties who are entitled to vote on the removal of a trustee and the appointment of a...
You create an estate plan to make sure your heirs and beneficiaries are taken care of in the event you are no longer able to. You may also do so to minimize the bickering and infighting that may come between surviving family members who may have...
Defendant appeals the trial court's order denying spousal support. Defendant argued that the trial court should have conducted a spousal support review and that any language restricting the modification of spousal support in the judgment must be...
The defendant argued that the court erred because Officer's stop of his vehicle violated the Fourth Amendment. Officer pulled defendant over, and when he approached the vehicle, he smelled alcohol and saw that defendant's eyes were glassy...
With the federal income tax filing deadline coming this week, it is a good time to talk about taxes and how they may apply to estates. While federal estate tax applies to few estates (i.e. those valued at more than $3.5 million), it continues to be...
Defendant and plaintiff are the parents of twin girls who were born in 2007. The parties were never married. They lived together for approximately four years after the children were born, but separated in March 2011. There is no dispute that...
