The parties, R, B, and F are siblings whose father, the testator M, devised for the assets of his trust to be distributed among them. R was appointed Personal Representative of the estate and successor trustee of the trust.
Petition for Removal...
Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...
In June 2012, plaintiff purchased real property in Michigan. Over a year later plaintiff was arrested on federal charges related to drug trafficking. Since his arrest, plaintiff has remained incarcerated.
During his first week in jail, he was...
More and more people are conducting personal business and their social life through online applications. Email, banking, bill payment, investments, credit cards, social media and photo sharing are all types of digital assets.
Digital Assets...
During their marriage, the parties had eight children, five of whom are still minors. In the parties’ 2014 consent judgment of divorce, plaintiff was awarded primary physical custody of the children, and the parties were awarded joint...
We live in uncertain times. The COVID-19 pandemic presents a disruption to normal life and a real danger to many people, especially those who are ill or elderly.
While you take steps to protect yourself, your family, and your community,...
This action for breach of contract, negligence, and abuse of process arises from the construction of a home.
Failure to Pay Property Taxes
During the construction, plaintiff failed to pay the property taxes, and the county foreclosed on the...
The parties were never married, but they have a five-year-old daughter (ES). At the time the child was born, the parties lived in Colorado. When the child was approximately six months old, the parties agreed to a Parenting Plan in the District Court...
This case arises from decedent’s sister paying bills on his behalf before his death and requesting reimbursement from his estate on the basis of either a contractual or unjust enrichment basis.
Unjust Enrichment Basis
The sister...
This case concerns the enforceability of an amended condominium bylaw prohibiting short-term rentals where such rentals had been expressly contemplated and allowed under an existing 15-year contract between the owner of a condominium unit and a...
Getting into a car and going for a drive isn’t perfectly safe. Driving on the Michigan roads can be dangerous. Driving those same roads becomes financially dangerous if you drive without car insurance. Between fees, charges, and possible...
This probate dispute between siblings arises out of the death of their father.
Their father lived alone. In 2013, however, he asked appellee to live with him. She agreed, moving into the home in August 2013. Appellants allege that in the years...
This action involves an alleged joint venture agreement between plaintiff, defendant, and non-party R with regard to commercial real property in Detroit.
Quitclaim Deed
Plaintiff learned from a friend that a large commercial property in...
This case arises from a son’s (T) attempt to probate the estate of his mother.
Informal Probate
His mother executed a will designating T as personal representative. She later executed an amendment to her revocable trust naming T as...
Staying safe on the roads is in everyone’s best interest. However, keeping yourself or others out of danger is everyone’s responsibility. Getting a traffic ticket ends up costing drivers big time. Traffic tickets and citations cost money...
Plaintiffs purchased a home in Michigan. At the time of the sale, the owners of the home, defendants, had been suffering from dementia for several months and were living in assisted-living facilities. Their daughter, defendant L, as their power of...
In this case, defendant was found to be in possession of marijuana while confined at the County Jail. Another inmate told a corrections officer that defendant had offered her marijuana. The other inmate also overhead defendant’s phone call...
In this case, plaintiff and defendant were married for more than 19 years before filing for divorce. The parties reached a settlement agreement to all aspects of their divorce, apart from distributing plaintiff’s and defendant’s...
Relationships work well when communication is prioritized and misunderstandings can come to rapid conclusions. At some point, disputes come up needing extra effort to resolve. Construction disputes can be confusing, time-consuming, and damaging to...
Decedent died on January 9, 2017. An application for informal probate and appointment of personal representative was filed on February 17, 2017. Decedent’s final will, which was executed on March 21, 2011, was admitted to probate. In relevant...
In this contract dispute, Plaintiff is a designer and manufacturer of plastic components that are sold to manufacturers in the automotive industry. Defendant designs and installs manufacturing systems that are used to produce plastic...
Sometimes agreements don’t go as planned when both sides aren’t upfront with issues. A construction defect takes place when there is a circumstance that lowers the value of a home. Patent defects are those that anyone can see right away,...
The Plaintiffs purchased the property in question in 1992. The property is zoned C-1, commercial district, and may be used for retail sales of goods and services. From 1992 to 2006, the Plaintiffs operated a ceramics shop in the commercial building...
Plaintiff filed a motion to appoint a receiver noting that defendant had defied the court’s authority and was found in contempt, that defendant had refused to pay child support and other money owing to plaintiff, and that defendant had refused to offer any payment or plan for payment relative to his obligations.
In March 2018, defendant filed a motion to change the children’s domicile from Jackson, Michigan to Mishawaka, Indiana, a town approximately 140 miles away.
Plaintiff contended defendant breached the APA by failing to pay it as agreed despite the achievement of the APA’s benchmarks, by failing to provide periodic reports pursuant to the APA, and by failing to pay commissions on the commercial lines and benefits book.
The question presented by the case is whether the operation of a MMCC at this location complies with Section 61-3-354(b)(1) of the Detroit Zoning Ordinance, which prohibits the BSEED from approving any request for a MMCC where located within a drug-free zone.
At issue is whether the color bar and reception desk were the Salon’s trade fixtures. The court found that SOF owned the color bar and reception desk because they were fixtures attached to the premises.
Money is an important factor whenever you work with a professional. When you go through a divorce, your money and time can get even tighter. Hiring a cheap lawyer to handle your case could be attractive. However, they will end up letting you down....
The mother essentially disinherited her family, leaving $1,000 to each of her children, $500 to each of her grandchildren, and a watch to a granddaughter. The remainder of the mother’s estate flowed to the boyfriend.
For a court to issue a PPO under MCL 600.2950a(1), the petitioner must allege two or more separate noncontinuous acts of stalking under MCL 750.411h, which are distinct from one another and are not connected in time and space.
In this case, defendant requested joint legal custody. He testified that he believed that he and plaintiff would be able to co-parent effectively.
When a relationship comes to an end, there are many things to consider. It can be difficult to decide how to proceed with legally ending your marriage. If you are on speaking terms with your spouse, you may have another option to separate more...
In reaching this conclusion, the trial court relied upon the 2013 warranty deed documents that twice expressly provided the 2005 Easement superseded the Original Easement. Review of the 2005 Amendment demonstrated that every aspect of the Original Easement was expressly repeated, modified, or omitted. Nothing in the language of the 2005 Amendment suggests that it is intended to be read in conjunction with the Original Easement.
A party cannot stipulate to a matter before the trial court and then argue on appeal that the resulting action was erroneous.
Defendant’s legal position is that the option to buy expired at midnight on April 22, 2017, and the lack of any tender of payment by that time means the option expired and plaintiff forfeited all rights to the property.
Plaintiff filed for an accounting of the company’s assets, judicial dissolution of the company, and appointment of a receiver.
Pursuant to MCL 700.5204(2)(b), in order for a court to consider appointing a guardian, a petitioner must first establish that 1) the parent permits the minor child to reside with another person; 2) the parent does not provide the other person with legal authority for the minor’s care and maintenance; and 3) the minor is not residing with his or her parent when the petition is filed.
It would be a wonderful world if people followed through on the agreements they make. There would be less stress, anxiety, and time wasted if people held up their end of a contract 100% of the time. The legal process would run much more smoothly and...
The bankruptcy court is a division of the federal district court. Although state courts are bound by the decisions of the United States Supreme Court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts.
