Driving with a suspended license is a common occurrence in Michigan especially since there are limited public transport options. This makes it challenging to traverse around which brings about the temptation to get behind the wheel even after the...
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In terrorem clauses, also called “no-contest” clauses, generally provide that a beneficiary of a will or trust forfeits any interest under the instrument if the beneficiary challenges or contests any of its provisions.
To award fees on the basis of misconduct, the trial court must determine that misconduct, in fact, occurred and that the misconduct caused the party seeking fees to incur the fees awarded.
DIVORCE 14: A temporary order remains in effect until modified or until the entry of the final judgment of divorce.
Plaintiff contends that the trial court erred in extending the status quo beyond entry of the JOD. Pursuant to MCR 3.207(C)(5), a temporary order remains in effect until modified or until the entry of the final judgment or order.
As set forth in MCL 700.2502(1), there are specific formalities that are generally required to execute a valid will. However, as expressly stated in MCL 700.2502(1), there are several exceptions to these formalities.
When you decide to sell your home, you have the choice between using an agent to put your home on the market or selling it yourself. While hiring a reputable real estate agent is beneficial, hiring an attorney who specializes in the sale and...
The subcontracts written by Defendant and signed by Plaintiff unambiguously contemplated that if any disputes related to their subcontract found their way to a courtroom, a jury would not be impaneled to resolve them.
PROBATE 13: Are you a surviving spouse if you were “willfully absent” from decedent in the years leading up to death?
While physical separation is necessary for a finding that a spouse is not a surviving spouse for the purposes of EPIC, physical separation alone is insufficient.
Following a bench trial, the circuit court ruled that the seasonal boat hoist was not a structure under the Zoning Ordinance’s definition and therefore its erection did not violate the ordinance. The court rejected Plaintiff’s claim to title by acquiescence and also based on the legal descriptions of the lots. Accordingly, the court quieted title in defendants’ favor.
Plaintiffs advised the probate court that they intentionally failed to file a witness list and an exhibit list as required by the court’s scheduling order because they objected to and never wanted a trial.
Anyone who owns real estate in Michigan has made a valuable investment. Whether you acquire a home, business, or other property, you want to make sure that the transaction works in your favor and all documents are handled correctly. For real estate...
Pursuant to the Friend of the Court Act, MCL 552.501 et seq., when a domestic relations motion is submitted to a referee for hearing, a party who files a timely objection to the referee’s recommendation is entitled to have the matter reviewed by the trial court. MCL 552.507(4).
A claim accrues, and the limitations period begins to run, when the claim may be brought. Here, the breach of contract alleged occurred no earlier than September 2010, when defendants signed a seller’s disclosure statement (SDS) and the parties executed a purchase agreement.
Under Michigan law, parties may acquiesce to a new property boundary line. Acquiescence is established when a preponderance of the evidence establishes that the parties treated a particular boundary line as the property line.
The circuit court awarded defendant sole legal and physical custody of the minor children and awarded grandparenting time to plaintiffs.
Even if you don't believe underage drinking is a big deal, the police in Michigan take it serious. The penalties can include fines or even a potential criminal record. What Happens for a First Underage Drinking Offense? Under Michigan law,...
The court found that plaintiff would rather have her children in daycare than have them spend time with their father.
Appellant appealed Probate Court’s order denying his petition seeking enforcement of an option to purchase stock as conferred by the trust.
The appeals court concurred with the findings of the trial court that the assertions which provided the basis for defendant’s motion are within the bounds of normal life circumstances typical of 13-year-old teenagers.
REAL ESTATE 18: If contract is silent as to time of performance, the law will presume a reasonable time.
The absence of an explicitly stated time for performance or payment does not render a contract invalid or unenforceable. One party’s substantial breach of a contract may relieve the other party of its obligation to perform under the contract. Substantial breach may be found in cases where the breach has effected such a change in essential operative elements of the contract that further performance by the other party is thereby rendered ineffective or impossible.
Summer is here. While most people are dreaming about relaxing and taking a well-earned vacation, others are getting ready for their busiest time of year. According to a report by the US Department of Justice, the crime rate can increase more than...
Plaintiff primarily contends that the arbitration panel’s majority incorrectly found that plaintiff bore the burden of proof.
The appeals court agreed with the trial court that plaintiff’s conduct in filing for divorce in another county while the Oakland County divorce judgment was still in effect violated that judgment of divorce.
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 on the prevailing circumstances. Also, the...
In this case, respondent’s counsel failed to notify respondent of his intent to withdraw from representation, and the court failed to notify respondent of the date of the termination trial.
REAL ESTATE 17: To sustain a breach of contract, plaintiff must show that the other party breached the contract, not that it will breach the contract.
Plaintiff failed to properly allege a cause of action for breach of contract, plaintiff’s claim for injunctive relief necessarily fails. An injunction is an equitable remedy rather than an independent cause of action. It is not the remedy that supports the cause of action, but rather the cause of action that supports a remedy. Thus, without a cause of action, injunctive relief is not warranted, and the trial court did not abuse its discretion in denying plaintiff further injunctive relief.
The circuit court entered a default judgment of divorce ordering Defendant to pay Plaintiff $2,000 in spousal support each month. Only then did Defendant realize the divorce would not be as easy as he anticipated.
Despite the Release of Claims unambiguous terms, defendants filed complaints against plaintiffs with the Department of Licensing and Regulatory Affairs (LARA). Plaintiffs responded by filing a lawsuit.
Estate planning is no easy task. It can be a daunting, overwhelming and leave you with more questions than answers. Many people can benefit from having an estate plan and this article breaks down the top 3 mistakes to avoid when planning your...
FAMILY LAW 18: Parents with joint legal custody cannot agree on school child will attend, the trial court decides.
With regard to the trial court’s order concerning preschool placement, plaintiff argues that the trial court erred by issuing the order without conducting an evidentiary hearing, making findings of fact, or analyzing the best-interest factors.
In this case, plaintiff argues that the trial court erred when it made a change from sole to joint legal custody without determining the established custodial environment.
The “tender back rule” requires that a party may not file a lawsuit asserting previously released claims or repudiate a release unless the party first repays all consideration received in exchange for the release.
The making of repairs and improvements necessary to the effective enjoyment of an easement is incidental to and part of the easement. Improvements, however, receive closer scrutiny than repairs.
This letter notified plaintiff that the document that plaintiff provided purporting to establish a commitment for a mortgage was fraudulent and that, based on plaintiff’s failure to comply with the terms of the agreement, the agreement was void.
Many homeowners are taking real estate matters into their own hands, especially when it comes to their own homes. Some of the most difficult tasks FSBO sellers encounter are selling their home at the right price, understanding paperwork and selling...
The point is, while perhaps everything alleged is true, if you have not met your burden of proof you cannot win your case.
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.
For some, debt is inevitable. Many individuals have some form of debt whether it’s credit card debt or student loans. You and your spouse may have accumulated debt over the years and this raises a huge question. How is debt split up in a...
It is not enough for a defendant to announce a position or assert an error and then leave it up to the Court to discover and rationalize the basis for his/her claims and then search for authority either to sustain or reject his/her position.
The probate court’s decision to order the property sold and the proceeds distributed equally among the beneficiaries is consistent with the settlor’s stated intent to distribute the value of the trust assets to the beneficiaries.