The primary goal when construing a will is to determine the intent of the testator.
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With respect to a request to modify child custody, a trial court is required to determine whether there is an established custodial environment with one or both parents before making any custody determination.
An established custodial environment is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort.
If you are charged with a crime, you could be facing some severe penalties that could include financial fines, public service, or even jail time. For those that are in the Michigan area, hiring an attorney that is experienced in criminal defense...
In Michigan, as in most states, the law gives people the chance to expunge, or erase, a conviction from their record.
In this case, the husband argues on appeal that the probate court abused its discretion by appointing a conservator to manage his wife’s estate and affairs under MCL 700.5401.
The 10-year statute of limitations on a claim relating to a property settlement in a judgment of divorce begins to run at the time the claim accrues and that the claim accrues when the money owing under the property settlement comes due.
REAL ESTATE 5: Should you be concerned if seller’s disclosure statement states Seller has never lived at property?
This case arises out of the sale of residential property. Within a few months of purchase, plaintiffs experienced severe flooding of the house and surrounding property. At one point, there was nearly one foot of standing water in the living room.
Plaintiff and defendant were involved in a romantic relationship, but never married. After the relationship ended, plaintiff sued defendant, seeking repayment for $68,784.50 in payments he claims he made for her living expenses.
Under the EPIC, a “suitable” guardian is one who is qualified and able to provide for the ward’s care, custody, and control. When a preponderance of the evidence weighs against the suitability of the ward’s current choice for guardian, the probate court must remove that person as guardian.
In this case, defendant appeals order requiring him to pay plaintiff attorney fees in the amount of $22,000, consisting of $10,000 for plaintiff’s divorce attorney and $12,000 for a business attorney.
In this case involving a Living Trust, the husband, appeals as of right the probate court’s order granting partial summary disposition to their daughter. The order resolved claims relating to two family businesses, declared the wife disabled, and pursuant to the terms of the trust, removed the husband as successor trustee of the trust.
This case presents the question of whether a warrant is required for a police officer, not investigating any wrongdoing, to open the passenger door of a parked truck to ask whether the sleeping occupant of the truck would be able to drive the occupant’s intoxicated girlfriend home.
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.
CRIMINAL 3: If blood is drawn after a car accident for medical treatment purposes, are the results of that blood sample admissible in court?
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,...