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College students and estate planning

With college semesters ending in Michigan, it may not be so easy to get college students to think responsibly, especially in the throes finishing finals and having opportunities to let off steam. However, parents should do their best to teach their...

How to approach parents about estate planning

The approaching holidays may bring about fond memories for some people. They also represent a chance for people to reconnect with family members who have aged another year, especially parents. For those with older or elderly parents, the topic of...

Guardianship laws in the U.S.

Any person named in a will or chosen by the court of law to make important decisions for another person is called a guardian. The person who the guardian is responsible for is known as the 'ward' and cannot make certain decisions. Guardians might...

Court affirmed termination of father's parental rights.

Michigan Court of Appeals affirmed that termination of father's parental rights was in the child' best interests.The caseworker testified that the father never met the child because he was continually incarcerated during the child's entire life....

Michigan's laws and penalties relating to drunk driving

People who live and drive in Plymouth, Michigan should learn the state's laws and penalties for drunk driving offenses and related charges. People who live and drive in Plymouth, Michigan know that the state takes any charge of drunk driving very...

Understanding how the Miranda warning works

Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the right to remain silent..." This phrase is a part...

Four ways to be ready with long-term healthcare plans

The older we get, the faster time seems to go. Often people are too busy with the needs of today to think about planning for the future. By the time you retire or need extensive medical care, you may be ineligible for long-term health insurance...

The court held that the plaintiff created a triable question of fact that the defendant complex management company violated its statutory covenant that the common area where plaintiff slipped and fell on ice was "fit for the use intended by the parti

Thus, it affirmed in part, reversed in part, and remanded. Plaintiff sued defendant for injuries she sustained when she slipped and fell on ice in a common area of the apartment complex where she resided. The trial court summarily dismissed her...

The court held that the trial court properly terminated the respondent-adoptive grandmother's parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.

The trial court terminated respondent's parental rights on the basis that she exposed the child to harm, including allowing improper contact with adult guests, including the child's biological mother, who had previously violently abused the child,...

Three reasons to put a power of attorney in place

While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this becomes a reality, having someone designated...

Holding that the plaintiff complied with the notice requirements of MCL 691.1404(1) , the court reversed the trial court's order granting the defendants summary disposition on the basis of governmental immunity, and remanded.

Plaintiff alleged that she was injured "when she fell over the sheer edge of an excavated hole created by defendants." The trial court found that her failure to personally sign the notice letter was a "fatal defect." On appeal, the court concluded...

Why you should face your fears in custody disputes

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 (and sometimes, simply the worst) in...

The court held that the trial court did not err in its distribution of the marital property, its spousal support order, or its decision to impute income to the plaintiff to calculate the amount of child support the defendant was required to pay.

The parties divorced and the trial court handled the distribution of property as well as spousal and child support. On appeal, the court rejected plaintiff's argument that the trial court's distribution of the marital property was not equitable....

Concluding that the trial court clearly erred in finding that a latent ambiguity existed in the deed and in reforming the deed, the court reversed the order granting the intervenor's petition to reform the deed & remanded for entry of summary disposi

A residence was conveyed to the decedent, Lyle F. Steiner, and the intervenor, Steven M. Steiner (Lyle's son). Years later, when Lyle passed away, Steven was appointed PR of Lyle's estate. "DHHS filed a claim against the estate for unpaid Medicaid...

What to consider if you inherit someone's home

If you have elderly relatives who still live in their homes, they probably rely on you for a number of things; whether it is to help them to doctor’s appointments or to ensure that they don’t sign off on dubious documents. For as much help as...

The role of an advance health care directive in a will

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 medical treatment if you cannot make...

Applying the Dairyland/Workman factors, the court held that there was no genuine issue of material fact that the plaintiff was not domiciled with the defendant's insured (plaintiff's mother) at the time of the accident.

At age 22, Plaintiff moved to Florida with her boyfriend in 6/12. "During her testimony, plaintiff repeatedly referenced 'moving' to Florida and 'visiting' in Michigan." She signed a lease for a duplex in Florida "and lived there with her boyfriend...

Holding that the uneven pavement on which the plaintiff tripped and fell was open and obvious as a matter of law, the court affirmed the trial court's order granting the defendant summary disposition in this premises liability action.

Plaintiff fell when exiting defendant's store, tripping on "what she described as 'uneven' pavement." The court noted that she made no effort "to identify any unique circumstances that would render such an open and obvious condition unreasonably...

A basic introduction to wills

It can be difficult to consider the end of our lives when we are in good health, but lives can change at any moment so it is wise to be prepared for any situation that may arise. Despite the many benefits of a last will and testament, studies have...

The court held that the circuit court improperly awarded sole custody of the parties' child to the father absent a best-interest analysis, and should have continued the child protective proceedings as the mother pleaded to jurisdictional grounds.

As the mother's case proceeded, the circuit court placed the child in the father's custody, and instead of continuing the matter so respondent could engage in services and work toward reunification, it completely dismissed the child protective...

Agreeing with defendant-Allstate that the trial court erred in granting plaintiff-Ruben's motion for relief from the final judgment's no-appeal provision, the court vacated the portion of the order granting Ruben relief, and remanded.

Intervening plaintiff-Badgett was entitled to no-fault benefits from Allstate. After a "jury trial involving a dispute over Ruben's charges to Allstate for medical services and products provided to Badgett, the parties entered into a final judgment...

After remand, in which the court instructed the trial court to reevaluate its best-interests determination in light of the children's placement with a relative, the court held that the trial court complied with its remand instructions, and affirmed.

On appeal, the respondent offered two claims of error as to the trial court's decision to terminate respondent's parental rights to CC and AC. First, respondent argued that the trial court clearly erred by finding that termination was appropriate...

Holding that the jury's decision to award the plaintiff no noneconomic damages was grossly inadequate and against the great weight of the evidence, the court reversed the trial court's order denying her noneconomic damages and remanded for a new tria

Plaintiff was seriously injured when she and the defendant collided while skiing. The jury declined to award either economic or noneconomic damages, even though it found defendant 50% negligent. The trial court found that the verdict as to economic...

Holding that the trial court committed clear legal error by failing to make findings as to several disputed issues, the court vacated the trial court's PT modification and remanded the case for reconsideration of the contested best-interest and PT fa

Plaintiff-mother appealed a final order closing the case in this child support and parenting time dispute. However, her issues on appeal related to the trial court's prior order granting the defendant-father out-of-state parenting time. Plaintiff...

Holding that a custody agreement existed between the plaintiff-father and the defendant-mother, but that the trial court failed to adequately consider the child's best interests before it entered the custody judgment, the court vacated and remanded.

The parties had a child together, but never married. They entered into a mediated parenting time and custody agreement. Defendant later objected to the agreement and requested a best interests hearing, which the trial court denied. On appeal, the...

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