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The trial court discussed the difference between the parties’ care for WPS’s medical needs, noting plaintiff was much more involved and defendant’s refusal to provide his schedule contributed to his own frustrations regarding his lack of involvement.

The court determined that plaintiff had established by clear and convincing evidence that the change of domicile was in the best interests of the children.

Respondent argues that he was entitled to an in-person, rather than remote, personal examination.

The court expressed concern regarding plaintiff’s failure to appreciate how her actions left the children in a position of having to keep secrets from defendant, caused them uncertainty about their future schooling, and made them feel guilty for telling defendant the truth.

Plaintiff acknowledges that the land contract states on its face that the annual interest rate is 7%. But plaintiff argues that a blending approach must be undertaken to account for the surplus funds that defendant received pursuant to the Affidavit of Non-Redemption (AONR).

The trial court credited plaintiff’s testimony that, before the parties’ separation, defendant spent minimal time helping to care for the children, so its finding that the children would not have looked to defendant for guidance, discipline, the necessities of life, and parental comfort during that time was not against the great weight of the evidence.

By the time of the trial court’s order, custody and parenting time of the children had been governed by the interim order for nearly a year. The trial court was appropriately mindful that from the children’s perspective, any change to their established custodial environment should be minimal.

The smell of burned marijuana does provide probable cause to search a defendant’s vehicle, in that the Michigan Medical Marijuana Act does not allow for the use of marijuana in a vehicle or in a place opened to the public. You don’t necessarily have to be under the influence of marijuana, but the use of marijuana suffices.

Plaintiff filed a three-count complaint on December 3, 2019, alleging breach of contract, unjust enrichment, and requesting foreclosure of the property. Defendant answered, pleading affirmative defenses, including that the statutes of limitations barred plaintiff’s claims. Defendant moved for summary disposition.

Plaintiff claims that this debt should be Defendant’s debt alone since he controlled the finances and she had little input on what happened with the money gained from the sale. The court disagrees and finds that she cannot enjoy the fruits of the marital business decisions for 17 years and then disavow herself the debt that comes from those same business decisions.

When defendant petitioned to close the estates and admit the wills to probate, plaintiffs objected, arguing that decedents were subject to coercion and undue influence by defendant.

The change in custody and parenting time was primarily brought about by evidence that defendant repeatedly disobeyed court orders and parenting-time rules, prioritized his personal vendettas, and continuously made unsupported allegations that plaintiff and her family were abusive.

The trial court agreed that third-party intervention in domestic-relations matters was only permitted in limited circumstances that did not apply to DHHS, and denied DHHS’s motion for reconsideration.

The revocation in this case was executed by the requisite 75% super-majority and it did not subject the property in the industrial park to additional encumbrances.

Regarding the award of attorney fees, Michigan follows the American Rule, which states that attorney fees are not recoverable as an element of costs or damages unless expressly allowed by statute, court rule, common-law exception, or contract.

Although the neighboring landowners testified that they also made similar recreational use of the land west of Creek, the trial court concluded that the B owners use had been more significant and continuous for a longer period.

When parents are unable to cooperate and make joint decisions, a trial court may be required to grant sole custody to one parent.

RM drafted the deed without seeking counsel and mistakenly believed that, if either she or FK died, the property would fully pass to the surviving tenant. FK’s will provided that if his wife predeceased him—which she did—the personal representative of his estate should sell any residual property that he owned and divide the cash proceeds equally among his surviving children.

MCR 2.602(B)(3), the so-called seven-day rule, allows a party to serve a copy of the proposed judgment or order on the other parties, with a notice to them that it will be submitted to the court for signing if no written objections to its accuracy or completeness are filed with the court clerk within 7 days after service of the notice.

In addition, the trial court noted that plaintiff did not have the means to pay spousal support because she had substantial debt and was financially supporting her unemployed adult son.

The court questioned whether the fees, which were standard for the bank, were reasonable for the Trust. The Court reiterated its concern that this particular Trust cannot afford the bank as a trustee.

The petitioner bears the burden of establishing reasonable cause for issuance of a PPO, and of establishing a justification for the continuance of a PPO at a hearing on the respondent’s motion to terminate the PPO.

Plaintiff’s lot was landlocked. Plaintiff argued his easement to access the highway was a gravel driveway. Defendants argued plaintiff’s easement was a two-track dirt trail that wound through the woods.

A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

Defendant filed an answer, countering that it was in the children’s best interests for the parties to share joint legal and joint physical custody. During the divorce proceedings, plaintiff filed an ex parte motion for temporary custody of the marital home and children, which the trial court granted.

Driving under the influence of alcohol is a severe matter and type of offense. The short answer to the question, Are there ever situations when you can legally refuse to take a breathalyzer? is no. However, that doesn’t mean you...

A settlor’s intent is to be carried out as nearly as possible. Generally, in terrorem clauses are valid and enforceable. However, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

Opening a business is a significant undertaking, and it’s also a great way to make a living. It’s a chance to showcase your talents and knowledge and follow your passion. While it may seem like a good idea initially, you need to...

The court found that the restrictions, taken as a whole, were clearly in place to create, in part, a uniform western boundary and to preserve lot views, and that the location of the defendants’ home violated both of these clear objectives.

However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.

Originally posted on 07/27/2018 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...

The parties had several meetings about dissolving their marriage and dividing their assets. These conversations culminated in a marriage settlement agreement, drafted by D, which the parties both signed in June 2016.

If the proposed change alters the established custodial environment, the party seeking the change must demonstrate that the change is in the child’s best interests.

In this case, the adult children contend that the probate court abused its discretion by appointing public administrator as successor guardian and conservator, and that the probate court instead was required by EPIC to give priority to the children because there was no evidence that they were unsuitable for those appointments.

Defendant also argued that SG’s attainment of school age was a change of circumstances; however, the fact that a child has grown old enough to attend school is a normal life change.

Without dispute, plaintiffs showed that plaintiffs, defendants, and their predecessors in ownership, treated the historic boundary as the actual property line for the requisite statutory period.

After testimony from several witnesses, and argument from the parties, the trial court found, in relevant part, that the evidence demonstrated Kenneth took and kept various items of estate property in flagrant and continual violation of court orders.

An easement by prescription results from use of another’s property that is open, notorious, adverse, and continuous for a period of fifteen years.

The arbitration agreement broadly granted the arbitrator the authority to decide the post judgment of divorce issues that were pending before the trial court.

Since 1955, homeowners insurance has helped owners protect their property and belongings against damages and theft. According to the Insurance Information Institute, over 93% of homeowners in the US have homeowners insurance coverage, paying around...

To establish a negligence claim, a plaintiff must show: (1) that the defendant owed a duty to the plaintiff, (2) that the defendant breached the duty, (3) that the defendant’s breach of the duty caused the plaintiff injuries, and (4) that the plaintiff suffered damages.

Originally posted on 10/20/2017 If you are charged with a crime, you could face severe penalties that could include financial fines, public service, or even jail time. For those in the Michigan area, hiring an attorney experienced in...

The trial court noted plaintiff’s testimony that the move was designed to provide KSJ with more stability, however, that since the evidentiary hearing, plaintiff’s employment changed again, with her new work hours resulting in frustrating the current parenting time exchange schedule.

The court found no basis to void the transfers based on EC’s evidence. Based on her testimony, the probate court had evidence to support the finding that ED did know what she had signed and the effects of it but simply did not remember.

In October 2017, the circuit court entered an order vacating the district court’s default judgment, and the affidavit of termination of redemption rights, and permitting KN to redeem the property before January 5, 2018.

In Michigan, the Child Custody Act of 1970 (CCA) governs custody, parenting time, and child support issues for minor children; it is the exclusive means by which to pursue child custody rights.

Originally posted on 02/23/2018 Real estate litigation can happen to anyone, from buyers and sellers to real estate agents, there’s always a potential for a lawsuit. With a lot of money on the line, it’s crucial to have an...

The probate court explained that the owners of the account are S and J. When S passes, J becomes the owner of the account. J is the one who had the authority to make the designation. Nowhere in any documents is there a designation by J that SJ be the owner -- or the beneficiary of the account. The designation made by his father was no longer binding because he was no longer the owner at the time J passed away.

Originally posted on 07/19/2017 While the “right to remain silent” represents one of your most inalienable rights, many people have a few misconceptions about how it works. Many people receive their understanding of this...

A party claiming adverse possession must show clear and cogent proof of possession that is actual, continuous, open, notorious, exclusive, hostile, and uninterrupted for the relevant statutory period.

When one significantly assists in the acquisition or growth of a spouse’s separate asset, the court may consider the contribution as having a distinct value deserving of compensation.

The trial court entered a consent judgment of divorce, awarding sole legal and physical custody of the children to mother, but awarding father supervised parenting time.

Originally posted on 02/10/2017 Law enforcement agencies are always looking for an edge in fighting crime. As cell phones have become an indispensable part of life for many people, authorities have taken to using these devices to track...

Under the EPIC, absent express terms to the contrary in the governing instrument, when a testator who has executed a will subsequently divorces his spouse, the divorce revokes any disposition or appointment of property to either the former spouse or the former spouse’s relatives.

Respondent moved to terminate the PPO. Respondent asserted that petitioner’s allegations were false. A proceeding on respondent’s motion to terminate was held with a family court referee, not a trial court judge.

Originally posted on 01/20/2017 When potential clients ask us questions about criminal defense representation (particularly for drunk driving offenses) one of the most common is whether they will lose their job.  Naturally, this...

Respondent argues that the Mental Health Code, MCL 330.1001 et seq., requires that two separate, independent examinations be conducted before a hearing can be held on a petition for involuntary treatment.

Originally posted on 12/22/2016 Estate planning can induce fear for wealthy parents. Anyone who has seen the movie “Arthur” (either the Dudley Moore or Russell Brand versions) can understand the frustrations wealthy parents...

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

Defendant, EV Condominium Association, denied plaintiff’s record-inspection requests because, according to defendant, the requests did not state a proper purpose. This led plaintiff to file a complaint in the trial court to compel his record inspection requests.

Following the hearing, the court entered an order appointing B as sole personal representative. The court stated that the will contained no language indicating the ‘successors and assigns’ of N Bank would act as Personal Representative if N Bank was unable to act.

Originally posted on 01/09/2017 When we create our estate plans, we intend to leave something for our heirs in order to remember us, or to make sure they are taken care of. Indeed, these are well-intentioned goals, but leaving certain...

The court noted that the plaintiff, who worked part-time for her family-owned business, was also employed during the marriage in various roles with SE and contributed to its valuation through her direct efforts.

According to plaintiffs, the parties entered into a binding settlement agreement through an e-mail exchange between the parties’ respective counsel.

The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.

Plaintiff purchased a home in Dearborn Heights, Michigan in 2007 with a mortgage. On February 19, 2019, the lender sent a letter to Plaintiff indicating receipt of her request for mortgage assistance (RMA) and submitted documents. Three days later,...

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

Decedent nominated respondents as co-personal representatives, bequeathed her entire estate to respondents, and indicated that she intentionally made no provision for petitioner.

Petitioner and respondent were previously married and were divorced at the time that the petitions were filed. Respondent’s parental rights to both RP and HP were terminated in May 2018. Respondent had little to no contact with the minor...

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

Defendants are residents of the Subdivision No. 1. Defendants’ lots abut a man-made canal, Channel 1. Plaintiffs are residents of the Park Subdivision, which is located on the other side of Channel 1. At issue in this case is the extent to...

But it is for the trier of fact to determine the credibility of Officer testimony and the weight to give the evidence presented at trial.

The trial court’s decision not to impute income to the work to render it essentially an obligation, and instead to condition spousal support payments on whether plaintiff chose to accept contract work was not outside the range of reasonable outcomes.

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

In a situation such as this, involving an out-of-state decedent whose Michigan property passes intestate, Article II of EPIC controls, possibly except for the rules regarding spousal election.

Guaranty contracts are to be construed like other contracts. G’s personal guaranty lack ambiguity. Her personal guaranty induced the landlord to enter into the Lease. Under the terms of her guaranty, she assented to all of the provisions of the Lease.

The trial court found that the parties mutually agreed to place the children in school in Michigan upon J’s move to California. That decision changed the children’s lives.

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

The parties were married for five and a half years with only one child, divorcing in December 2018. Plaintiff continued to live in the marital home in Washtenaw County after defendant moved out. Following the divorce, defendant moved to Fowlerville....

The right to contest a will is statutory and the burden is on the will contestant to establish the will is void for lack of testamentary capacity. Whether a decedent had testamentary capacity is judged as of the time of the execution of the instrument, and not before or after.

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

In this case, the trial court awarded plaintiff a lesser portion of the marital estate because of her illness and anticipated short life expectancy. The trial court awarded plaintiff a life estate interest in the marital home, while granting...

An established custodial environment may exist in more than one home and can be established as a result of a temporary custody order, in violation of a custody order, or in the absence of a custody order.

This case arises out of a dispute among the T siblings regarding the administration of their mother’s trust. The trust was executed on August 19, 2010. At that time, the mother was the trust’s settlor and sole trustee. Trust The...

Originally posted on 11/16/2016 Women account for about 30 percent of all small business owners across the United States. Like their male counterparts, women business owners must plan for the future of their families with the same...

This dispute between neighbors deals with drainage. Both sides complain that surface water pools on their land and that the opposing party is responsible.

Plaintiff retains the right to oppose recognition and enforcement of the India divorce decree. However, whether the India divorce decree should be recognized and enforced in Michigan can only be determined after it has been issued.

The trial court determined, based on documentary evidence provided by the parties, that plaintiff was not the real party in interest, but was instead comprised of former members of the Church that had joined an affiliated, but legally distinct church.

This case arises out of a business dispute between family members. Each of the four men invested $200,000 for the purchase of a hotel in Michigan. The cost of the hotel was approximately $1,900,000 and the rest of the financing was obtained from...

Originally posted on 11/08/2016 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...

The parties married in 2013 while in Florida. Plaintiff was originally from Michigan, and defendant was originally from New Jersey. The child, JV, was born in 2014. The parties separated approximately one year later. The Florida courts granted the...

In a pretrial ruling, the trial court found that the $170,000 payment was intended as a loan, but further ruled that the terms of the loan should be decided by a jury.

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

The record reflects that plaintiff refused to cooperate with defendant regarding defendant’s parenting time until the circuit court intervened to enforce defendant’s rights.

The First Amendment was ratified by the requisite two-thirds of Association voters and was recorded with the Wayne County Register of Deeds in October 2018. Developer did not approve the First Amendment.

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

In addition, the attorney who assisted with the signings testified that before the signings he talked with JV to see if he understood what was happening and stated that he had no information and observed no signs indicating that JV was not competent.

The trial court found that plaintiff was not willing or able to facilitate and encourage a close and continuing relationship between JB and defendant.

Originally posted on 05/28/2017 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...

A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.

Plaintiff filed a motion for summary disposition under MCR 2.116(C)(9) and (10), requesting that the court foreclose its construction lien and enter judgment for plaintiff in the amount of $213,389.20.

Originally posted on 11/25/2016 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...

In every services contract, there exists an implied duty to perform in a diligent and reasonably skillful workmanlike manner.

To safeguard the ward’s rights, on a petition to terminate a guardianship, the probate court must follow the same procedures that apply to a petition for the appointment of a guardian.

Before considering a change of custody, a trial court must find that there has been a change of circumstances or proper cause.

Originally posted on 11/07/2016 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...

Under Michigan law, owners of adjacent property may acquiesce to a property line other than the legal property line by treating a particular boundary as the property line.

D and T began a relationship when D was separated from his wife. After T became pregnant with the minor child, D and his wife reconciled. A few months after the minor child was born. In May 2015, an order was entered with the consent of the...

The court also found that defendant was largely at fault for the dissolution of the marriage because of his infidelity. The court determined that a 55/45 split of the marital estate in favor of plaintiff was appropriate considering the relevant factors.

Originally posted on 11/02/2016 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...

More than five years later, plaintiff initiated a three-count complaint for breach of the right-of-first-refusal agreement, quiet title, and declaratory relief.

An individual designated as personal representative in a decedent’s will has priority of appointment unless he or she is disqualified or subject to a specified exception.

In order to give deference to the decisions of fit parents, it is presumed that a fit parent’s decision to deny grandparenting time does not create a substantial risk of harm to the child’s mental, physical, or emotional health.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

Originally posted on 10/31/2016 It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...

Plaintiff supplied technical workers to defendant and retains a percentage of the fees received by the customers for the workers placed with them. The written agreement signed by plaintiff states the following terms regarding compensation: 5%...

In July 1999, plaintiff’s father gifted to plaintiff a 10% interest in Business. Shortly thereafter, in August 1999, plaintiff and defendant were married. Throughout the marriage, plaintiff and defendant maintained separate bank accounts. When...

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

Originally posted on 06/22/2018. 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...

Defendant was arrested at a gas station for carrying a concealed weapon without a concealed pistol license (CPL). The arrest was conducted by Police Officers, they saw defendant with a partially concealed handgun in his waistband from their vehicle...

Defendant argued that plaintiff does not have authority to foreclose on his property solely because of unpaid fines.

A patent ambiguity exists if an uncertainty concerning the meaning appears on the face of the instrument and arises from the use of defective, obscure, or insensible language.

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

Defendant developed the Stone Valley Development, a residential development, and conveyed to plaintiffs by warranty deeds Lots 1, 2, 3, 5 and 6. The Stone Valley Development is subject to a Declaration of Easements and Restrictive Covenants (DERC)...

In a separate case, defendant’s parents filed a petition to terminate plaintiff’s parental rights and adopt RM on the ground that plaintiff had been absent from RM’s life for over three years. One month before the petition was...

FACTUAL BACKGROUND On September 30, 2013, plaintiff filed for divorce. On November 14, 2013, the court entered an order for custody and parenting time awarding plaintiff and defendant joint legal and joint physical custody of the child.  On...

BACKGROUND Plaintiffs’ suit primarily alleges that defendant is conducting rental activity on its property in violation of the Manchester Township Zoning Ordinance (MTZO). Plaintiffs requested an order enjoining defendant from operating a...

Unfortunately, COVID-19 has resulted in many bankrupt restaurants. A lot of restaurants had to close their doors because of the pandemic and the social distancing regulations that were put in place. If your business has not been able to ride this...

Plaintiff appeals as of right the trial court’s March 6, 2019 judgment of divorce. The judgment of divorce, among other things, incorporated the awards pertaining to spousal support, property division, and costs and fees that had been...

Appellant’s father created the Trust in May 2008. The Trust was amended several times, including in May 2012, when it was declared that the Trust would become irrevocable upon decedent’s death. Decedent died in May 2015, and Appellant...

The parties have two children in common, and both children are now adults. The parties were never married, but plaintiff was granted custody and defendant was ordered to pay child support. After the youngest child turned eighteen, defendant sought a...

BASIC FACTS The parties divorced in 2018. Their judgment of divorce provided that plaintiff would have primary physical custody and that the parties would have joint legal custody of the two minor children. The judgment of divorce stated that the...

This case arises from the creation of the (Trust) by Decedent.   At the time the Trust was formed, Decedent chose herself as trustee, and named as residuary trust heirs her three children: including appellant.   In addition, the...

The parties divorced in 2013. The judgment of divorce granted mother sole physical and legal custody and ordered that the child’s domicile would remain in Michigan. In 2015, the trial court granted mother’s motion to change domicile,...

Originally posted on 11/08/2019 There are many different levels of crime and the consequences once someone has been charged with them. One bracket of crimes is known as a misdemeanor. Let’s go over this level of crime and some common...

Defendant and Decedent met in August 2017. In approximately November 2017, Decedent began talking constantly about wanting Defendant to take her to see an attorney for the purpose of changing her will. On March 19, 2018, Defendant filed a petition...

There has been a new law regarding expungements for the state of Michigan.  Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...

Plaintiff and defendant were divorced in July 2017. The judgment of divorce stated that the parties would have joint-legal and joint-physical custody, and provided for a parenting-time schedule.  Defendant filed many motions to change custody,...

Plaintiff and defendant were divorced in February 2016. The divorce judgment, entered in February 2016, required plaintiff to pay defendant $3,500 per month in spousal support until her death, remarriage, or further order of the court. The judgment...

The parties have two children, and in 2012 an order was entered requiring Defendant to pay $460 in monthly child support to Plaintiff. In 2018 and early 2019, there was a flurry of friend of the court (FOC) investigations, referee hearings and...

Rem Originally posted on 12/06/2019 There is something in most people’s life they regret - if they could redo a moment, they would have done it better. Although there is no physical way to erase the past or redo past wrongs, there is a...

Plaintiff filed an eminent-domain complaint requesting the condemnation of certain real property owned by Defendant. Plaintiff sought easements across the land for the purpose of rebuilding and upgrading an existing transmission line. On the basis...

BACKGROUND The instant dispute arises out of an express easement that was created by a 1989 consent judgment, which settled litigation between the parties’ predecessors in interest. After the parties’ mistake concerning the boundaries...

BASIC FACTS AND PROCEDURAL HISTORY Appellant and his ex-wife, Appellee, divorced in 1994. The consent judgment of divorce ordered Appellant to pay child support for his two children. In 2001, Appellant pleaded guilty to several criminal offenses...

Originally posted on: 02/14/2014 Aldrich Legal Service provides legal advice and representation for residents in Plymouth, Ann Arbor, and Southeast Michigan. We also review recent legal cases to examine what took place and what we can...

Appellant is one of three surviving children of Decedent, along with two other siblings.  Decedent executed his last will in 2018, revoking a prior will from 2003. The 2018 will affirmatively made no dispositive provisions for appellant or her...

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

Plaintiff brought suit against Defendant alleging statutory and common law conversion. In July 2018, a global settlement was reached as to the various matters pending in the probate court. Relevant to this appeal, Plaintiff’s conversion claims...

BACKGROUND Many of the facts are undisputed. In November 2007, Defendant entered into a mortgage agreement with Plaintiff, in which Defendant agreed to lend Plaintiff $500,000 secured by certain real property located in Livingston County. Both...

This case arises from the dissolution of plaintiff and defendant’s marriage. Defendant was a stay-at-home parent for the parties’ two children during the majority of the marriage. The children were adults at the time of the separation...

BACKGROUND On  May 5,  2014, the parties entered into a land contract for the sale of  real property from defendant to plaintiff. In the land contract, plaintiff...

This case arose from a real-property dispute between brothers, as well as their respective wives. After a bench trial, the trial court rendered its findings of fact. The trial court determined that plaintiffs did not prove that excluding the...

This case arose from a custody and parenting-time dispute between plaintiff-mother and father over their minor child. After father failed to respond to the paternity complaint within the 21 days of receipt of the complaint, mother filed an affidavit...

Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce.  Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...

Plaintiff contracted with Defendant for the installation of a geothermal heating and cooling unit for a home he was constructing. Plaintiff brought suit under theories of breach of contract and negligence—among other causes of action not...

The Court recognizes that the object in awarding spousal support is to balance the incomes and needs of the parties so that neither will be impoverished; spousal support is to be based on what is just and reasonable under the circumstances of the case.

Plaintiff and defendant divorced after a 36-year marriage. The divorce trial took place on October 1, 2014, and the court made a dispositional ruling from the bench on October 30, 2014. In the original dispositional ruling, the court erroneously...

Plaintiff filed this action to quiet title to residential property she purchased, allegedly from defendant, in 2015, pursuant to a quitclaim deed. Intervening defendant claimed it acquired superior title to the property in November 2016 and also...

BACKGROUND MC was born in the summer of 2014 at which time the parties resided together. In November 2014, plaintiff-father filed a complaint for sole physical and joint legal custody of MC. The complaint and subsequent motions presented highly...

PERTINENT FACTS This case concerns a dispute regarding the disbursement of Lakeside Trust Number 1 (“Lakeside Trust”), a trust created by appellee in relation to her mother’s trust, the EJA Trust . The grantor and settlor of the...

The Plaintiff and defendant were married in October 1994. Plaintiff filed for divorce on February 4, 2004, and the trial court entered a consent judgment of divorce on January 5, 2005. The judgment referenced a property settlement agreement, under...

The parties were married in 1988 and have three adult children. During their marriage, the parties purchased the marital home in 1994 (1994 home) with marital funds. After plaintiff’s father died in 2006, the home next door to the marital home...

The Michigan Medical Marihuana Act (MMMA), provides very limited circumstances in which persons involved with the use of marijuana, may avoid criminal liability. Accomplices to crimes may be prosecuted under an aiding and abetting theory.

FACTUAL BACKGROUND The parties were involved in a romantic relationship when the minor child who is the subject of these proceedings was born on February 9, 2006. The parties did not live together and were never married. Approximately one year...

BACKGROUND               The parties have a minor child (ABF), who was twelve-years-old at the time of the proceedings. Defendant had primary physical custody of ABF until she...

This case arises out of a property dispute between plaintiff and defendants. Plaintiff’s property and defendants’ property back-up against one another, so the back of plaintiff’s property borders the back of defendants’...

The fact that the officers subjected defendant to a Terry stop does not automatically lead to the conclusion that the stop violated the Fourth Amendment.

BACKGROUND The Court needed to determine the actual extent of an easement for a drain that runs across the southern edge of the plaintiff’s property. The releases at issue conveyed rights to fifty-foot strips of land on either side of the...

Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...

The parties were married for over 20 years before plaintiff filed for divorce. At the divorce trial, the parties’ incomes were a source of contention. Plaintiff wanted the trial court to rely on the parties’ 2018 incomes when calculating...

Original Post: 1/11/2019 Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of...

Plaintiff appeals as of right the trial court’s divorce judgment, challenging the decision to award each party their respective 401(k) accounts. Plaintiff argued in the trial court that she was entitled to a portion of the appreciation that...

BACKGROUND Plaintiff and defendants own adjacent properties. Defendants’ property is east of plaintiff’s property, and the western boundary of defendants’ property is also the eastern boundary of plaintiff’s property....

FACTUAL BACKGROUND Plaintiff filed for divorce in 2013, and following mediation, the parties reached a transcribed mediation agreement in June 2014. The mediator read an outline of a property settlement agreement, the terms of which were to be...

BACKGROUND This case arises out of a dispute between plaintiff and defendants regarding ownership of real property in Hamtramck, Michigan. Plaintiff brought this action, asserting claims of quiet title, breach of contract and promissory estoppel,...

For some, assault and battery are two terms that are commonly mixed up or used interchangeably while conversing.

BACKGROUND The parties married in 1978, and they have three adult children. Plaintiff filed for divorce in September 2018, by which time both parties had reached retirement age. The property issues in dispute should have been relatively...

On October 24, 2016, Petitioner filed a complaint as the Ward’s conservator and guardian against Respondent.  Petitioner and Respondent are siblings and the children of the Ward.  In the complaint, Petitioner alleged that she filed a...

BACKGROUND On March 12, 2016, the parties entered into an agreement for the purchase of defendants’ home. The purchase agreement contained the following clause: TIME FOR LEGAL ACTION: Buyer and Seller agree that any legal action against...

Michigan forbids the presence of open alcoholic beverage containers in the passenger area of vehicles.

UNDERLYING FACTS In the early afternoon of November 4, 2016, defendant was pulled over after an officer was dispatched for a possible drunk driver. The officer had defendant exit his vehicle and perform several field sobriety tests. Those tests...

UNDERLYING FACTS Plaintiff and defendant were married in September 2001 and divorced in August 2013. The parties entered into a divorce settlement agreement which included, in relevant part, a provision titled “Mutual Release of...

PERTINENT FACTS AND PROCEDURAL HISTORY The trust settler, “decedent” executed a “pour-over” will in which the residuary of his estate was to be held, managed, and distributed according to the trust, which was created in...

PERTINENT FACTS In July 2017, plaintiff and defendant divorced by consent judgment. Under the judgment of divorce, the parties shared joint legal and physical custody of their three minor children. On September 24, 2018, plaintiff filed a motion...

Original Post: 05/14/2017 The preceding is for informational purposes only. Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. The idea of...

PERTINENT FACTS In 2010, the decedents created the Trust and dual durable powers of attorney in which each spouse nominated the other to serve as primary attorney-in-fact with respondent to serve as the first alternate. The Trust designated the...

BACKGROUND This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...

FACTUAL BACKGROUND This case arises out of a call the Jackson Police Department received from a man who had gotten into a dispute with defendant. The officer on the scene ran defendant’s name through the Law Enforcement Information Network...

Plaintiffs sued Defendant for claims for account stated and breach of contract.  Following discovery, plaintiffs moved for summary disposition under MCR 2.116(C)(10), arguing that they were entitled to a judgment in their favor as a matter of...

FACTUAL BACKGROUND AND PROCEDURAL HISTORY On the evening of November 2, 2012, two men left work and were accosted by two unidentified men who came from behind an adjacent building who demanded money.  One of the men brandished a...

No one wants to be arrested, and if you are, especially for the first time, you can be very confused. Being arrested for Drunk Driving, Driving Under the Influence (DUI) or Operating While Intoxicated (OWI) - formerly Driving While Intoxicated (DWI)...

BACKGROUND The parties met and began cohabitating in 2003.  In 2011, plaintiff and defendant began discussing marriage.  The parties had lived together for years, but each had their own separate businesses and assets.  Thus,...

BACKGROUND Plaintiff and defendant have three children together—ET, KT, and CT.  Plaintiff and defendant’s relationship ended in 2013.  Following the end of their relationship, the trial court entered a consent order for...

On the night of October 21, 2018,  a Grand Traverse County Deputy Sheriff initiated a traffic stop on the basis that defendant’s vehicle had an expired license place.  He confirmed this by means of a LEIN check and also discovered...

How much should you tell your lawyer? The fifth amendment protects U.S. citizens from incriminating themselves, but how does that work with your attorney. We get this question all the time. Many people have heard about attorney confidentiality,...

Plaintiff and defendant were married in 1990 and divorced in 2013.  The parties’ consent judgment of divorce provided, among other things, that defendant would pay plaintiff modifiable spousal support in the amount of $3,200 per...

BACKGROUND This case arises out of the divorce of the parties.  The parties mediated a settlement and the Court entered a Judgment of Divorce based on that agreement.  The provision of the judgment on appeal concerns plaintiff’s...

Plaintiff’s father and plaintiff’s stepmother (defendant) married around 1981.  In 2002, the two executed an “Agreement of Trust” prepared by their estate planning attorney.  The Agreement of Trust created a Trust...

Plaintiffs/counterdefendants (plaintiffs), and third-party defendants were neighbors from approximately 1996 until 2015.  Plaintiffs and the third-party defendants never had any disputes regarding the boundary line between their...

PROCEDURAL HISTORY  Plaintiff and defendant have twin sons, but never married.  On August 13, 2008, the Court of Common Pleas Juvenile Division in Montgomery County, Ohio established plaintiff as the legal father of the children and...

You create and execute contracts daily, most of the time, without realizing you’re doing it. These common, easily completed contracts mostly go through without a problem. For example, when you go to the barber or hair salon, you and the...

Plaintiff suffers from mental illnesses, the most significant of which are bipolar disorder and schizoaffective disorder, which have affected her throughout her life.  Plaintiff’s grandmother conveyed the farmland to plaintiff in...

BACKGROUND Plaintiff and defendant, the parents of a minor child,  never married.  Over a year after the minor child’s birth, plaintiff filed a paternity action against defendant.  Thereafter, the parties agreed upon a final...

In 1987, plaintiff borrowed $20,000 from defendant’s predecessor in interest.  Plaintiff secured the debt with a mortgage on plaintiff’s land.  In 1994, the parties signed an extension of the mortgage agreement, and in 1999,...

Wills usually go through without a problem. Well over 90% of wills have no issue making it through probate. However, there are several grounds you may have to contest a will. As a beneficiary, or someone who would gain from a will, there are legal...

The child was born to defendant in April 2018.  The birth certificate did not identify the father, nor was an affidavit or acknowledgment of paternity executed.  After various legal troubles and intervention by the Department of Health and...

This case arises from an Adult Protective Services (APS) petition for guardianship of  the ward.  The ward lived with her son and his wife.  APS’s petition filed in June 2018 claimed that the ward had dementia, was being left...

This divorce action commenced in 2011 and the parties reached a settlement in 2013. Plaintiff submitted a proposed judgment under the seven-day rule, MCR 2.602(B)(3). Defendant filed objections. Judgment of Divorce Entered Ultimately, at an...

Plaintiff, defendant’s former employer, filed a complaint alleging, that defendant breached the parties’ Confidentiality Agreement. Specifically, plaintiff alleged that around the time defendant resigned from his position, he...

When a relationship just isn’t working, there is power in ending a bad situation. Many people rush to get a divorce, but there are other options for couples to explore. Legal separation is another avenue people use to gain distance from each...

Though never married, the parties in this case share a son. On November 10, 2014, plaintiff filed a paternity complaint, claiming defendant as the child’s father, and alleging that defendant was of sufficient ability to provide support. On...

The decedent died intestate in 2017, leaving eight children as his descendants. The probate court appointed a personal representative (PR) of the estate. Intestate If you die without a will then you died intestate. Without a validly executed...

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

This case arises from two incidents of domestic violence between defendant and the victim when they were alone in the victim’s home in Michigan. In September, the victim got away from defendant and ran to the home of a neighbor, who called the...

In this case, the parties divorced by consent judgment in February 2018. Under the divorce judgment, the parties shared joint legal custody and plaintiff had primary physical custody of their minor child, who has special needs. In the divorce...

In July 2017, the parties entered into an agreement for plaintiff to purchase the assets of defendant, C Corp. The Asset Purchase Agreement stated: On the Effective Date, Plaintiff will submit to C Corp by wire transfer the sum of twenty-two...

D and C married on October 4, 2008. The couple has no children together. During the marriage, the parties lived together in a home purchased by D before the marriage that had become marital property through C’s financial investments. They each...

In this case, B and S’s relationship began to deteriorate after AB’s birth. Money was tight and B claimed that S rejected B’s requests that she return to work. S, on the other hand, accused B of belittling her role as a...

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.

In his motion for a new trial, defendant claimed to possess text messages—found sometime after trial concluded—apparently demonstrating (1) sexual infidelity by plaintiff, (2) that plaintiff suffered from undisclosed health concerns, and (3) that plaintiff was deceitful during her trial testimony.

Plaintiff and defendants agree that there was no writing in this case. Thus, the agreement’s terms determine whether it falls within the statute of frauds.

The insurance company refused to pay the $35,000 in death proceeds to plaintiff, maintaining that the policy had lapsed in 1999 for nonpayment of premiums.

The lack of substantiation, again and again, could reasonably call into question plaintiff’s motives and credibility on all matters. The trial court appeared more than open to further considering a motion to modify custody if plaintiff would come forward with supporting documentary evidence, explaining why the court took the unusual step of denying the motion without prejudice.

On April 23, 2018, plaintiff filed suit, alleging (1) breach of contract, namely the University’s failure to use the funds consistent with the terms of the Gift Agreement, and seeking damages or specific performance; (2) breach of fiduciary duty, on account of the University’s failure, as trustee of the charitable trust established by Professor’s gift, to comply with the terms and conditions of the resulting charitable trust; (3) violation of the Uniform Prudent Management of Institutional Funds Act, MCL 451.921 et seq.; and (4) the need for injunctive relief prohibiting the dissipation of funds during the pendency of the case.

Coming to the end of a happy time is a challenge no one wants to deal with in life. The end of a marriage through a divorce can especially be a tough, emotional, and complicated period. Lawyers and judges deciding your future, remembering important...

Plaintiff commenced action against defendant seeking damages since the TRUCK cannot safely tow the fifth-wheel trailer. Plaintiff alleged fraud and innocent misrepresentation.

To minimize unwarranted and disruptive changes in children’s custody, a trial court may only modify children’s custody if the moving party first establishes a proper cause or a change of circumstances. The purpose of this framework is to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.

According to E’s affidavit, he disbelieved the validity of the May 2016 Will, but apparently, he took no further action regarding the Will or the coins at that time.

Proceeds received by one spouse in a personal injury lawsuit meant to compensate for pain and suffering, as opposed to lost wages, are generally considered separate property. Moreover, 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.

Governmental entities are generally immune from tort liability. A governmental entity can only be subject to suit if a plaintiff’s case falls within a statutory exception. As such, it is the responsibility of the party seeking to impose liability on a governmental agency to demonstrate that its case falls within one of the exceptions.

Plaintiff argued that defendant’s fiduciary duty was to accede to plaintiff’s precise demands and make decisions about matters involving the estate that were in accordance with the outcomes plaintiff desired. Clearly, this is not the nature of a personal representative’s fiduciary duty.

The second amendment to the lease was not provided to plaintiff during the negotiations.

Creating a mutually beneficial real estate deal usually goes through smoothly with both sides presenting their interests then negotiating toward a middle ground they can both agree to uphold. Unfortunately, not all deals go through without an issue....

Defendant sent plaintiff text messages strongly indicating that she would not comply with the order limiting her parenting time, the trial court entered a second ex parte temporary order suspending defendant’s parenting time, which was later modified to grant defendant supervised parenting time.

The party claiming a prescriptive easement has the burden of establishing entitlement to the prescriptive easement by clear and cogent evidence. An easement by prescription results from use of another’s property that is open, notorious, adverse, and continuous for a period of fifteen years.

Without a validly executed will, your estate will pass by the rules of intestate succession at the time of your passing, which may or may not achieve your goals.

Even viewed in the light most favorable to plaintiffs, the deeds make it clear that neither plaintiffs nor their predecessors ever had an ownership interest in the western 10 feet of Lot 56.

Under Michigan law, a couple that is maintaining a marital relationship may not enter into an enforceable contract that anticipates and encourages a future separation or divorce. If a postnuptial agreement seeks to promote marriage by keeping a husband and wife together, Michigan courts may enforce the agreement if it is equitable to do so.

At the outset of the ensuing hearing, the trial court expressed its frustration with plaintiff’s continued failure to comply with the court’s orders, describing the situation as beyond ridiculous.

A party may file a third-party claim as of right within 21 days after his or her original answer is due. Otherwise, leave on motion with notice to all parties is required.

The doctrine of acquiescence provides that, where adjoining property owners acquiesce to a boundary line for a period of at least fifteen years, that line becomes the actual boundary line. The underlying reason for the rule of acquiescence is the promotion of peaceful resolution of boundary disputes.

Before ordering a course of involuntary mental health treatment or of care and treatment at a center, the court must receive a written report or oral testimony describing the type and extent of treatment that will be provided to the individual and the appropriateness and adequacy of this treatment.

Educational costs continue to climb. Parents and grandparents looking for a way to ensure the educational experiences of their family members have a solid foundation without placing an undue burden on them can use an educational trust. This post...

Trial courts may only appoint co-personal representatives if the intended parties agree to the shared status.

Because the trial court found that an established custodial environment existed with both parties and acknowledged that plaintiff’s request for sole physical custody would change the established custodial environment, it held plaintiff to the appropriate clear and convincing evidence standard of proof.

Major changes could be coming to smokers in Michigan in the months to come. On Wednesday, September 4, Governor Whitmer declared a ban on flavored e-cigarettes. Her announcement came out based on the state health department finding youth vaping...

MCL 566.132(2) provides an action shall not be brought against a financial institution to enforce any of the following promises or commitments of the financial institution unless the promise or commitment is in writing and signed with an authorized signature by the financial institution.

Plaintiffs took possession of the property on or about May 1, 2017. Shortly thereafter, plaintiffs contacted the Defendants and asked for certain fixtures to be returned. The Defendants refused, stating that the fixtures were not part of the sale.

An interested person may petition for removal of a personal representative for cause at any time. As the decedent’s surviving parent, the decedent’s mother qualified as an interested person who had a claim against the intestate estate of the decedent

Plaintiff and defendant were married in December 2008 and had one minor child born during the marriage, AM. Plaintiff also had a daughter from a prior marriage, who is not at issue in this matter. During the parties’ marriage, plaintiff was...

The trial court held that in the absence of a written agreement, plaintiff was not entitled to have the house conveyed to her because an oral agreement to transfer the house was barred by the statute of frauds. The trial court entered an order dismissing plaintiff’s claim for quiet title to the house and dismissing defendant’s counterclaim.

Plaintiff requested sole legal custody, arguing that she and defendant had difficulty co-parenting and that defendant would not agree to medical treatment for the diagnosis and treatment of ADHD, need for orthodontic work, and need for vision testing and glasses. Plaintiff also requested an alternating weekly or biweekly schedule during the summer, which would increase her overall parenting time.

Understanding your legal rights often makes the difference between civil interactions with law enforcement and you facing severe consequences. A shoplifting conviction can be embarrassing and even worse can mean greater difficulty in getting a job...

Defendant contends that LLC did not provide him with adequate notice of its claim for possession

The trial court found that proper cause was established because the children’s health and education are two very important subjects relating to custody. When parents cannot agree on a child’s medical treatment and educational course, these topics can have significant effects on a child’s well-being.

Plaintiffs requested a declaration that all amendments to the Trust executed after April 2007 were void because Settlor did not have capacity to execute them, and because Settlor was unduly influenced by her son.

MCL 211.7cc(2) provides that an owner of property can claim the PRE by filing an affidavit that must state that the property is owned and occupied as a principal residence by that owner of the property on the date that the affidavit is signed and shall state that the owner has not claimed a substantially similar exemption, deduction, or credit on property in another state.

As of the 2018 election, Michigan voters approved the possession, use, and sale of recreational marijuana in Michigan. The ballot initiative passing sent ripples through Michigan’s marijuana regulatory agency that will impact the current...

In this case, plaintiff received approximately $57,000 or $67,000 from her parents. The trial court included the money from plaintiff’s parents as income for its 2017 child support calculation.

According to the motion, Article III only allowed the identification and distribution of heirlooms, not all personal property. P argued that the John Deere tractor and other valuable items were not heirlooms and should not have been distributed to N.

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.

A motion for summary disposition under MCR 2.116(C)(10) should be granted if the evidence submitted by the parties fails to establish a genuine issue of a material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.

Most contracting agreements move forward without any problems, but when disputes between contracting parties come up, it can be confusing to understand the legal process to take. The legal experts at Aldrich Legal Services want to make the...

Plaintiff argues that the trial court erred by declining to consider the possible tax consequences arising from the selected distribution method.

The land contract stated that T Company sold real property to plaintiff. The land contract further stated that if plaintiff failed to make a monthly payment, T Company could execute the quitclaim deed, thereby terminating plaintiff’s rights to the real property under the land contract.

The trial court granted defendants’ motion for summary disposition, concluding that the claims against the realty companies were barred by the valid release contained in the purchase agreement and that the claims against sellers were required to be resolved in arbitration because they fell within the scope of the arbitration clause in the purchase agreement.

As the name implies, periodic spousal support payments are made on a periodic basis. Periodic spousal support payments are subject to any contingency, such as death or remarriage of a spouse, whereas spousal support in gross is paid as a lump sum or a definite sum to be paid in installments. In addition, one major difference between the two types of spousal support is modifiability. Spousal support in gross is non-modifiable, whereas periodic spousal support is subject to modification pursuant to MCL 555.28.1.

When something drastic happens, many people need to take extra steps to rebuild your home, recover property, or pay medical bill collectors. Unfortunately, most people believe they have no backup plan if their insurance company refuses their claim...

A probate court’s consideration of the couple’s circumstances cannot involve an assumption that the institutionalized spouse should receive 100% free medical care under Medicaid or an assumption that a community spouse is entitled to maintain his or her standard of living. Medicaid is a need-based program, and a Medicaid recipient is obligated to contribute to his or her care.

When the statutory requirements for mortgage foreclosure are met, a trial court generally lacks authority to set aside a foreclosure sale except in a strong case of fraud or irregularity.

The court found the requested change of domicile will not change the children’s established custodial environment. Additionally, at the January 8, 2019 hearing, the trial court discusses the established custodial environment, and father’s counsel acknowledges that the established custodial environment is with the mother.

Michigan includes a point system as part of the enforcement process for driving. Officers assign points to a driver’s record for violations such as going through a red light, driving recklessly, or speeding. Points carry consequences for...

Respondent, now represented by counsel, filed a motion for reconsideration or relief from the probate court’s order, arguing that the order inappropriately distributed trust assets before other issues in the action were resolved, and arguing further that respondent was prejudiced by his lack of notice and inability to retain counsel before the hearing.

The trial court’s observation that defendant was able to live in the house rent-free for 14 years was an additional equitable reason for rejecting defendant’s claim that she should be awarded part of the value of the real property.

Plaintiff’s interest in the subject property is best characterized as a remainder estate, because her right to possession of the property was postponed until the occurrence of a specific contingency, that being the deaths of the grandparents. Plaintiff pursued this action within the 15-year limitation period; accordingly, this action is not barred by MCL 600.5801(4).

The fact that this agreement as to custody and parenting time did not resolve all the disputes between the parties, with the court recognizing that some other little things purportedly agreed to at mediation were going to be added to the judgment, does not render the partial agreement invalid. Plaintiff is entitled to a trial on these remaining, unresolved issues.

No matter how a divorce began or how complicated the proceedings became, couples typically emerge with a substantial agreement about finances, assets, children, living situations, and any other relevant information. These legally binding...

Accordingly, plaintiffs requested declaratory relief, allowing them to make the proposed modifications to the easement as depicted in the gravel drive improvement plan and prohibiting the defendants from interfering with their maintenance of the easement.

The trial court determined that under the UCC, the express terms of the parties’ agreements prevailed over the course of their performance and course of dealing. Although a course of performance may show that parties have waived a specific contractual term under MCL 440.1303(6), the statute does not similarly provide that a course of dealing may demonstrate waiver.

In support of the allegations, petitioner attached clinical certificates from a physician and a psychiatrist who observed respondent at the hospital. Both doctors diagnosed respondent with bipolar disorder, determined that she displayed a likelihood of injuring herself and that she did not understand the need for treatment, and recommended a course of treatment that consisted of 60 days of hospitalization and 90 days of outpatient care.

The appeals court was concerned with the trial court’s minimization of the effect of the domestic violence in the home upon the parties’ children.

Being sensitive to the fact that respondent must walk the tightrope of balancing the needs of consumer, sometimes against one another, with the limited resources that it has, MCL 330.1536 is clear that respondent cannot transfer a consumer if the transfer would be detrimental to that consumer.

The trial court then entered an order settling the consent judgment, which stated that the parties stipulated, on the record, to settle plaintiff’s inverse condemnation claim for $10,000, and that the settlement was approved by defendant’s city council.

So, you have a great idea and the experience to back it up. You are in a great starting place, but you have some work to do before jumping into forming your own business. Consider the following steps before you begin the process of starting your...

Following entry of the judgment of divorce, plaintiff filed a motion for revocation of an acknowledged father’s paternity under MCL 722.14371 of the Revocation of Paternity Act (RPA).

The fact that an irrevocable trust, which includes former assets of an institutionalized spouse, can make payments to a community spouse does not automatically render the assets held by the trust countable for the purpose of an institutionalized spouse’s initial eligibility determination.

On appeal, plaintiff argues that the trial court failed to make any findings regarding (1) the child’s established custodial environment, (2) the child’s best interests regarding the grant of primary physical custody to defendant, (3) the child’s best interests with respect to parenting time, and (4) the child’s best interests pertaining to the parties’ dispute over daycare.

the probate court determined that Daughter J had managed the estate in a manner that promoted her own interests as a beneficiary over the interests of the estate. The probate court found that such management demonstrated mismanagement of the estate and that removal of Daughter J was therefore in the best interests of the estate.

One tough break seems to lead to another. If you get behind on mortgage payments, you could be in danger of having your house foreclosed upon by the bank. Lenders foreclose on real estate to recoup their losses. But this means you won’t have a...

The statute only applies to any surplus money after satisfying the mortgage on which the real estate was sold. Therefore, for the Petitioners to be entitled to anything under MCL 600.3252, the mortgage on the Southfield property must have been satisfied and there must be surplus money remaining after the mortgage is satisfied.

An entity’s bylaws are a contractual agreement between the entity and its members. Condominium association bylaws constitute a binding contractual agreement between the governing entity and its members to the extent that the bylaws do not conflict with or are not inconsistent with state law.

Custody decisions require findings under all the best interest factors, but parenting time decisions may be made with findings on only the contested issues.

Many big decisions come with getting engaged. Planning for marriage can be exciting and romantic, although the thought of adding a prenuptial agreement may not stoke your passion, they can help you now and in the future. Prenuptial agreements are...

In deciding issues on appeal involving division of marital property, the Court first reviews the trial court’s findings of fact.

Plaintiffs requested that the trial court, either through reformation of the First Easement or interpretation of the Second Easement, quiet title in favor of plaintiffs and declare them to be the owners of an easement to access Lake Superior through the ravine on defendants’ property, enjoin defendants from interfering with their use of the easement, and order compensation for damages to the stairs.

Defendants completed the project. Plaintiff did not pay for any of the costs of the project. Defendants moved to compel plaintiff to pay one-half of the costs under the agreement. Plaintiff responded that defendants had materially breached the agreement in several ways, including by denying her the right to supervise the project, by refusing to give her an installation schedule, and by starting work before plaintiff approved of the start date.

The key difference between discretionary trusts, support trusts, and spendthrift trusts is that creditors cannot compel the trustee of a discretionary trust to pay any part of the income or principal in order that the creditors may be paid. The opposite is true of spendthrift and support trusts, which allow trust assets to be reached to satisfy creditors, including creditors seeking to satisfy claims for child support and alimony.

Families can help each other through life’s toughest moments. However, issues come up when the strain of losing a loved one combines with the stress of honoring their last wishes. Probate protects beneficiaries best interests. Though...

In May 2015, Bank A and defendant entered into an agreement (the Trial Plan), temporarily modifying the loan. Bank A agreed to not proceed with a foreclosure sale if defendant made payments of $1,382.62 for three months.

In 2016, Petitioners asserted that the mother and daughter M breached their duty of loyalty by giving son M an unequal share of property from the trust and by depleting the trust for purposes other than the mother’s care.

In order to provide security for the payment of his support obligations in the event of his death, the judgment also ordered decedent to irrevocably designate the minor children of the parties as the beneficiary on any and all life insurance policies presently outstanding upon his life, until his duty to support shall cease.

When a married couple holds real property as tenants by the entirety, neither spouse acting by themselves can alienate or encumber their interest in the property. A husband or wife must receive the consent of their spouse before conveying or encumbering an interest in the property.

Considering leaving the country for a long time while maintaining a business or selling a home in the US? Were you recently diagnosed with a terminal or degenerative disease? For these and many other issues, it may become necessary for someone...

The court ruled that title to the land prevails and that once the deed was signed, the property became the undivided whole interest for both the decedent and appellee and became appellee’s property upon the decedent’s death. Consequently, the court concluded that the prenuptial agreement did not have any impact on the property rights of appellee in this case.

The $27,000 ordered to be paid to respondents from the trusts was not a sanction, but instead was reimbursement to the trustees for expenses incurred in defending the petition. The Trust contains language providing for the reimbursement of expenses incurred by trustees in administering the trust.

The primary purpose of spousal support is to balance the parties' incomes and needs so that neither party will be impoverished, and spousal support must be based on what is just and reasonable considering the circumstances of the case.

  Marriage can end through two ways: divorce and annulment. Though both of these options have the same result, each has different requirements. There are many similarities and differences between a divorce and an annulment, so many...

The party requesting the change of domicile of the minor child has the burden of establishing by a preponderance of the evidence that the change is warranted.

Vaping is a fad that is quickly solidifying into a stable industry of products around the world. Vaping and electronic cigarette (or e-cigarette) use have dramatically increased from roughly “seven million [users] in 2011 to 35 million [users]...

Despite the probate court’s order requiring Appellant to return the vehicle to R, Appellant refused to do so. Appellant’s willful noncompliance resulted in him being held in contempt of court and a sentence of four days in jail. Yet, even so, he still refused to turn the vehicle over to the personal representative.

The trial court concluded that appellant did not produce sufficient evidence to establish a genuine issue of material fact regarding decedent’s mental capacity to properly execute his 7/14 will.

The fact that plaintiff offered defendant the RFR for numerous Tuesday overnights over the course of approximately nine months does not support defendant’s position that a change of circumstances or proper cause has arisen.

The probate judge explained that he did not do his own accounting and that he would not go through all of these bills to see whether they’ve been properly accounted for.

When real property has been vacated and physical assets are left behind or abandoned on the property, one who thereafter properly enters the property and maintains possession is not liable in an action for claim and delivery under MCL 600.2920.

The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest of the child.

The 2018 ballot initiative titled “the Michigan Regulation and Taxation of Marihuana Act (MRTMA) passed with 56% of the vote. Michigan joins nine states and D.C. in legalizing some form of recreational marijuana use.  Due to the...

In an action arising from an alleged default by a condominium co-owner, a successful association of co-owners shall recover the costs and reasonable attorney fees associated with the action, as determined by the court, to the extent the condominium documents expressly so provide.

The trial court concluded that the agreement for a shortened period of limitations was enforceable and determined that the suit was untimely.

The probate court properly imposed a constructive trust and ordered the son to sell the mother’s home after she had deceased.

The trial court determined that the plat dedication granted an easement to use the park to all of the lot owners and did not grant riparian rights to any lot owners.

Beginning in March 2019, cyberbullying will now be illegal in the state of Michigan. The House Bill 5017 now makes cyberbullying a punishable crime by Michigan law, meaning that those who harass others online could face potential jail...

Defendant’s attorney stated that the total fees incurred by both sides are far beyond what he usually sees in divorce cases. Regarding the reasonableness of five depositions, he testified that he has not conducted five depositions in an average divorce case in the last few years.

The trial court, however, indicated its belief that it would not have jurisdiction once Mother left the state. Despite counsel’s argument regarding the utility of the Full Faith and Credit Clause, the probate court disagreed.

Defendant conveyed by quit claim deed the Property to herself and plaintiff as Joint Tenants with Full Rights of Survivorship and not as Tenants in Common. Defendant apparently took this action for purposes of estate planning.

The arbitrator stated that the award document had not included any amount for case-evaluation sanctions and that, in fact, he had not even known the results of the case evaluation until after issuance of the awards.

At that hearing, the trial court signed the proffered judgment of divorce, which it now characterized as a default judgment despite the fact that no default had been entered, nor had plaintiff ever filed a motion for entry of default judgment.

Defendant ultimately not being in full compliance did not make the filing of the motions or the signing of them by defense counsel frivolous.

If defendant was concerned about placing any limitations on the performance necessary to satisfy this obligation, he should have included that limitation in the agreement.

Plaintiff’s counsel argued that defendant had not established proper cause or a change in circumstances as required under the standards.

The Michigan statute governing spousal support favors a case-by-case approach to determining spousal support.

If you’re contemplating a divorce in Michigan, you probably have a lot of questions. One of the most intimidating aspects of getting a divorce in Michigan or anywhere else is the idea of having to appear in court. The laws for getting a...

The age of an adult is not a proper ground for disqualification under EPIC. As adults, the children are fully qualified to serve as guardians and conservators for their father. Adulthood is all that is required under EPIC.

A prenuptial agreement is not only for the wealthy people in society, like Hollywood celebrities and the like but also for any couple that brings personal assets, property, debts or children from a former relationship into the marriage. This...

An agreement to settle a pending lawsuit constitutes a contract, and therefore the agreement is governed by legal principles applicable to the interpretation and construction of contracts.

Respondent argues that she was denied her right to due process of law because she did not receive notice of the hearing until five days before it took place. Respondent argues that the five-day notice of hearing violated her right to due process. Due process generally requires that notice be reasonably calculated to apprise interested parties of the action and to provide them an opportunity to be heard.

MCL 700.7803 states that a trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule. If the trustee has special skills or is named trustee on the basis of representation of special skills or expertise, the trustee is under a duty to use those skills. MCL 700.7810 states that a trustee shall take reasonable steps to take control of and protect the trust property.

At issue in this case is whether Plaintiff satisfied the jurisdictional residency requirement contained in MCL 552.9(1), which provides that a judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint.

If you are on probation, it means you have the judge's trust and have been allowed some level of freedom. Now you must work on ensuring you don’t violate your probation. You will need to abide by every term that the criminal court judge...

The court concluded that Plaintiff did not have standing to file any pleadings in the matter because he had no legal right to be provided notice, and thus was not entitled to be a party in the case.

The trial court further awarded plaintiff attorney fees as a sanction for F Company’s filing of the motion to set aside the judgment, which it found was disingenuous.

In essence, while a bankruptcy court could discharge the debts, they still remained owing to that party to whom they were payable as support, which is not dischargeable.

On December 22, 2016, plaintiffs commenced an action to recover damages for the lost sale. They alleged breach of contract, breach of fiduciary duty, fraudulent misrepresentation, silent fraud, entitlement to exemplary damages, and other claims.

In lieu of an answer, defendants filed a motion for summary disposition under MCR 2.116(C)(8) and (C)(10), arguing essentially that plaintiff lacked standing to bring claims related to the Property because plaintiff’s legal interest in the Property was extinguished through properly conducted foreclosure proceedings and the redemption period had expired and that none of plaintiff’s claims had legal merit.

There are things that the police wouldn’t want people to know, and this is for the apparent reason that their investigations wouldn’t yield many convictions as they would like. The role of a police officer is to make arrests followed by...

Defendants’ counter-complaint sought a declaration, among other things, that defendants had acquired a legal right to use the Drive as a means to access their property. But defendants did not add the LLC, the owner of the Drive, as a party to their suit. Consequently, the trial court dismissed defendant’s counterclaim for easement rights because of the failure to join LLC—a necessary party.

With regard to defendant’s income, the trial court found that defendant earned an average of $15,300 per year from his drywall business and $120,000 per year from his medical marijuana grow operation during that same period.

The Michigan probate code states that for purposes of a statute of limitations, the proper presentation of a claim is equivalent to commencement of a proceeding on the claim.

An easement by prescription results from use of another’s property that is open, notorious, adverse, and continuous for a period of fifteen years.

An annulment officially erases a marriage. In Michigan, it is harder to get your marriage annulled than it is to get a divorce. The annulment procedure is very similar to the divorce process, and you need filing of the right documents and service...

The probate court determined that it lacked jurisdiction to hear the petition because the situs of the trust had been transferred to Florida.

CPS informed defendant that his repeated calls and complaints against the Plaintiff-mother, in which there was not a preponderance of evidence to support the complaint, are ‘counting against him’ at this point.

Appellants argue that because they provided medical evidence and appellee did not, the trial court was bound to grant their motion. But appellants cited no legal authority that medical testimony on behalf of the non-moving party is necessary.

At arbitration, plaintiff presented a counter claim and alleged that defendant had abandoned the contract, leaving significant portions of the commercial building uncompleted, and further, refused to return to complete the work or perform corrective work.

Estate planning is a task financial experts say you should never neglect. Despite this, according to a 2017 survey, 6 in 10 Americans don't have a will. While not doing any estate planning is the biggest mistake of all, here are three...

Plaintiff brought suit, alleging that the rezoning denial deprived it of its constitutional rights to equal protection and substantive due process. The parties filed competing motions for summary disposition. The briefs largely focused on whether defendant had treated the Property differently from other properties in the downtown area and whether it had legitimate reasons for doing so.

The trial court found that both the lease and the legal description of farmland attached to the Trust Agreement are defective because the Trust never owned the property, as evidenced by the quitclaim deed and its recording in April 1998.

The Child Custody Act of 1970, MCL 722.21 authorizes a trial court to issue custody and parenting-time orders that are in the child’s best interests. A showing of proper cause or change of circumstances is required to modify a parenting-time order. The movant has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists.

MCL 700.7704(3) permits the probate court to appoint a successor trustee if one cannot be appointed in accordance with the trust.

Divorce comes with confusion and mixed emotions. The question of who gets custody of pets may be even more confusing- especially since pets can begin to feel like family. Courts often look out for the interest of human children and allow for shared...

To receive involuntary mental health treatment under the Mental Health Code, MCL 330.1001, a petitioner is required to establish that respondent has a mental illness and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.

In October 2015, plaintiff began operating under his new company and filed an action for declaratory relief seeking to have the parties’ respective rights under the employment agreement clarified. Defendant filed a counter claim for damages and injunctive relief to protect Company R’s customer base.

Based on the testimony, the trial court ordered the dissolution and liquidation of the assets of the LLC. The trial court also directed the LLC to make a distribution to plaintiff, which represented the 49% share owed to him to compensate for defendant’s distribution.

When an employer terminates its pension plan, ERISA liability does not end with the company that actually promised pension payments. Instead, a trade or business under common control of the employer is treated as part of the employer and so incurs liability under ERISA.

The parties agreed that the decedent properly executed the 2005 will with his wife, but the probate court was asked to rule on whether the terms of that will made it irrevocable, which would mean that the decedent could not change his estate plan by way of the 2015 will.

Some of the reasons why people tint their car windows include to enhance safety, achieve a good level of privacy and to prevent their skin from the damaging effects of UV rays. Despite these benefits, window tinting can affect a driver’s...

It is a fundamental rule of civil procedure in this state that leave to amend pleadings should be given freely.

Despite having signed the proposed divorce judgment, defendant filed an answer to the divorce complaint on February 28, 2017, and on March 2, 2017, she filed a response to plaintiff’s motion for entry of proofs and judgment, along with a motion to restore her possession of the marital home. Defendant claimed arguments premised on unconscionability.

To establish undue influence, it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act against his inclination and free will.

Plaintiff contends that the trial court erred in failing to determine ALF’s established custodial environment before it modified the custody order. Plaintiff correctly states that the trial court failed to determine the established custodial environment.

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...

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.

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.

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.

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.

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.

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...

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.

The trial court concluded that the home was marital property subject to division because defendant contributed to the marital home by working on it; plaintiff and defendant lived together in the home for two years; and defendant paid for the expenses of the home for six months.

If a party fails to comply with a court order, upon motion by an opposing party, the court may enter a default against the noncomplying party.

MCL 700.7111(1) provides that interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust, including the approval of a trustee’s report or accounting.

Once a divorce is finalized, there still may be a few legal issues that can happen after the divorce proceeding. It’s even possible that new issues can arise after the divorce. In either event, a divorce lawyer can help guide you through these...

It is mandatory that the court dispose of the related matters of alimony, support and property. Accordingly, the court erred in concluding that the judgment of separate maintenance necessarily controlled.

MCL 257.709(1)(a) provides that a person shall not operate a motor vehicle with [a] sign, poster, nontransparent material, window application, reflective film, or nonreflective film upon or in the front windshield, the side windows immediately adjacent to the driver or front passenger

A noncharitable irrevocable trust may be modified or terminated by the court upon the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust is consistent with the material purposes of the trust or that continuance of the trust is not necessary to achieve any material purpose of the trust.

  For sale by owner (FSBO) homes can be a daunting task. However, if you want to do it correctly and smoothly, it’s best done with some assistance from a real estate lawyer. A real estate attorney has the knowledge and experience to...

MCL 700.7602(3)(a) controls a situation of whether a trust can be amended. It provides as follows: The settlor may revoke or amend a revocable trust by substantially complying with a method provided in the terms of the trust.

A contempt proceeding for failure to comply with a parenting time order is generally considered civil in nature.

The threshold to changing custody, finding a change of circumstance or proper cause are intended to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.

  Divorce is a stressful time, and it's only made worse if you don't prepare properly. After receiving divorce papers, it may take some time to digest what’s happening. The moments after being served, you may have many...

This case involves parties who, after living in Michigan for several years, returned to their native country of India in 2014 with their three children. In 2016, plaintiff returned to Michigan and filed for divorce.

In the application, petitioner stated that the decedent died intestate, and after exercising reasonable diligence, was unaware of any unrevoked testamentary instrument relating to property located in this state.

The court determined that plaintiff’s documents were ambiguous and concluded that they did not meet the requirements of a recordable document. Plaintiff’s deed for real property did not contain terms of consideration or a legal description.

In the state of Michigan, the possession of marijuana is illegal unless you have a medical condition that is debilitating. Below we discuss the marijuana statutes in Michigan. Medical Marijuana The Michigan Medical Marijuana Act states that...

Once the statutory redemption period lapses, courts can only entertain the setting aside of a foreclosure sale where the mortgagor has made a clear showing of fraud, or irregularity.

In this case, the court is asked whether a presumed father may, in a divorce action, challenge his paternity of a child born during the course of the marriage despite the fact that he did not raise the issue within three years of the child’s birth.

An easement may be lost through abandonment. An easement is abandoned when the owner of the easement relinquishes it with the intention of releasing his or her right to the easement. Nonuse of the easement alone does not result in abandonment of the easement.

If you become incapacitated, you will need someone to make decisions on your behalf. These are decisions regarding what medical treatment you receive, paying bills, managing your bank accounts and potentially selling assets. Tales of people abusing their power of attorney designations are common. Many people designate their children, but is this the best choice?

Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a lake.

Possessing controlled substances is a serious crime that involves drugs and drug paraphernalia. What defines a controlled substance are federal laws like the Controlled Substance Act as well as various state laws. The Controlled Substance...

Plaintiff argues that failing to place a value on defendant’s two businesses and awarding them to defendant, is depriving plaintiff of assets to which she is entitled.

The petitioner has the burden to prove by clear and convincing evidence that termination of the noncustodial parent’s rights is warranted. In order to terminate parental rights, the court must find that the requirements of subsections (a) and (b) are both satisfied.

Although the trial court recognized that a marital estate will normally be divided 50/50, it elected to award 60% to defendant and 40% to plaintiff.

In the state of Michigan, the law requires you to take either a blood, breath or urine test if arrested for an OWI. Michigan has an “implied consent” law which states that if someone lawfully arrested by an officer who has probable cause...

  Misdemeanors are often considered a less serious criminal offense compared to their felony counterpart. Common misdemeanors include reckless driving, petty theft, public intoxication, trespassing and more. Although misdemeanors don’t...

The fact that an asset is obtained as a separate asset does not mean its status cannot change. Separate assets may lose their character as separate property and transform into marital property.

Under this section, a homeowner must seek prior approval from the Association before he or she can change the exterior color of his or her home. If that requirement is violated, the Association is entitled to have the color changed and the home repainted a different color at the homeowner’s expense.

An person who proceeds in propria persona is generally held to the same standards as attorneys. Accordingly, a litigant who decides to proceed without counsel is bound by the burdens that accompany such election.

This dispute appears to be whether the arbitrator effectively modified the parties’ Uniform Spousal Support Order by awarding plaintiff 19.5% of the profits from the sale of defendant’s stock.

The informal conference referee found that she was an owner of the property because she was a grantor who had placed her property in a revocable trust. The referee, however, determined that petitioner had failed to present any documentation showing that the property was the deceased’s principal residence.

The trial court analyzed the circumstances of defendant’s specific case and concluded that defendant was not an appropriate candidate to use marijuana while on probation.

Given her noncompliance with her service plan and her lack of progress in addressing her serious mental illnesses, the evidence supports the conclusion that there is no reasonable expectation that respondent will be able to provide proper care.

The referee explained as follows: Michigan law is clear that a minor child cannot have two legal fathers.

This matter arises out of an ongoing dispute between a unit owner in the Condominium, and the Condominium Association.

Appellant appeals from an order of the Probate Court denying his petition to reopen his deceased mother’s estate.

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 trial court ordered that the child finish kindergarten at the school that he was attending and enroll in the school halfway between for the following school year beginning in the fall of 2017.

In this contest over the probate and non-probate assets of Decedent, appellate petitioned to set aside pour-over will and trust documents executed by Decedent

The day after the trial court entered its order, Defendant C quitclaimed his interest in the property to Defendant B, who then sold the property on land contract to new owners.

Before modifying an existing custody order, a trial court is required to find that the party seeking to modify the custody order has shown, by a preponderance of the evidence, proper cause or change of circumstances as set forth in MCL 722.27.

After the judgment of divorce was entered, plaintiff moved for relief from judgment, claiming that defendants-ex-wife and her attorney engaged in fraudulent conduct and that there was newly discovered evidence supporting that position.

Contracts can be divided into two categories: express contracts and implied contracts. An express contract is one where the intention of the parties and the terms of the agreement are declared or expressed by the parties, in writing or orally. Alternatively, a contract may be implied from the conduct of the parties, language used or things done by them, or other pertinent circumstances attending the transaction.

Your home is likely your most valuable asset, so it's extremely important to protect your interests during the buying or selling process. While real estate agents and brokers are trained to assist their clients through each step of buying or...

Plaintiff filed a six-count complaint against defendants for a violation of the anti-lockout statute, injunctive relief for illegal lockout, conversion, negligent infliction of emotional distress, intentional infliction of emotional distress, and for exemplary damages.

The court ruled that the husband’s home was a premarital asset belonging to him alone, denied the wife’s request for spousal support and awarded minimal attorney fees.

The primary goal when construing a will is to determine the intent of the testator.

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.

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.

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.

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...

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.

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.

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,...

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...

The decedent died intestate in February 2014 at the age of 84. His wife had died in 1999. Decedent was survived by three sons: (Paul), petitioner and personal representative (Mike), and respondent (Greg). Decedent and his wife opened a joint account...

Plaintiff purchased a house. The "Bank" foreclosed on the property. Plaintiff approached his uncle, Defendant, and asked him to purchase the property on his behalf from the Bank and then sell the property back to him for the same price...

Plaintiff-mother appeals, contesting the trial court's awarding both parties joint physical and legal custody of their child. The trial court divided parenting time equally. Plaintiff-mother initially argues that the trial court erred in...

If your child is getting ready to graduate from high school this spring, you are probably amazed with how quickly the years have gone by since they first started kindergarten. This also means that you are getting older too, and you have probably...

If you have been charged with a crime, it is essential to know how strong the government’s case is against you. Indeed, you may think the state has a flimsy case and has a snowball’s chance to prove you guilty beyond a reasonable doubt,...

Defendant was arrested after being found intoxicated in the parking lot of an apartment building in Michigan. The Public Safety Sergeant responded to the scene. After conducting an investigation and speaking to witnesses, Safety Sergeant concluded...

Plaintiff and defendant were married in 1995 when they were in their mid-50s and after both of their first marriages ended. At the time of marriage, defendant had an IRA valued at approximately $800,000. After three years of marriage, due to a...

Plaintiff filed for divorce, after a marriage of almost 33 years. Defendant was employed as a gas mechanic. Plaintiff previously worked part time for school districts for approximately 11 years, cut hair for several years, and worked as a...

While we focus most of our estate planning posts on protecting assets and preparing beneficiaries for transfers of wealth, it is also important to focus on protecting those loved ones who are vulnerable. They may include elderly family members who...

In order to convict defendant of operating while intoxicated under MCL 257.625(1), the prosecution must prove beyond a reasonable doubt that:(1) the defendant operated a motor vehicle(2) on a highway or other place open to the general public or...

Much has been reported on the escalating costs parents face in raising a child. From birth to age 18, it is estimated that parents spend an average of $234,000 to raise a child. But when it comes to caring for an elderly parent, the costs are...

MCL 722.31(1) prohibits a parent of a child whose custody is governed by court order from changing a legal residence of the child to a location that is more than 100 miles from the child's residence at the time the order is issued. However, a...

Plaintiff filed divorce action after a nearly 20-year marriage. Although defendant apparently participated in various pretrial conferences and discussed the terms of the divorce judgment, he did not answer the complaint, a default was entered, and...

In 2014, plaintiff purchased a parcel of land ("Parcel C") at a sheriff's sale. Previous owner was the sole owner of the property from 1988 until he lost the property to foreclosure for non-payment of taxes. There is a building on the site, which...

If you haven’t noticed by the commercials and networks devoted to them, America has definitely become a pet nation. It is estimated that two-thirds of all American households own a cat or a dog.  With some pets being considered cherished family...

People work hard to build up their estate during their lives and when they pass they may desire to hand down their estate to their friends and family. Leaving property to a loved one in an estate plan can be troubling for some parents who have...

The parties were married in 1998 and their divorce was finalized in 2015. Following entry of the judgment of divorce, both parties filed motions for attorney fees. Defendant argued that he was entitled to attorney fees because plaintiff had driven...

The period between the end of January and the second week of April is widely known as “tax season.” Most people anticipate receiving a refund after filing their federal income tax returns. However, there are a number of scenarios that may bring...

Defendant pleaded no contest to OWI, third offense, and operating without a valid license.The trial court sentenced him to 3 years' probation, with 60 days to be served in jail and 1 year of SCRAM tether. Among the conditions of his probation were...

Plaintiff appealed the trial court's order denying plaintiff's motion to modify physical custody of two of the parties' minor children. In 2014, a consent order was entered wherein the parties agreed to share joint legal custody of all three...

There is a great deal of information available on the internet concerning the issues that parents may face that require a solid estate plan. The volume of storylines addressing estate planning for young parents may seem to suggest that married...

If you have been paying attention to recent headlines regarding tax law, you likely have heard that tax season has officially begun. This means that the Internal Revenue Service is ready to start accepting federal income tax returns. In all, the...

The Judgment of Divorce declared that Plaintiff was entitled one-half of the pension benefits Defendant had accrued during his marriage to Plaintiff, with full rights of survivorship, and that these benefits were due to Plaintiff when they became...

Plaintiff filed for divorce in October 2012 after confirming that her husband (defendant) had been having an affair with his former co-worker. After the proceedings began, plaintiff learned that the defendant had given former co-worker hundreds of...

Defendant was convicted of possession with intent to deliver 45 kilograms or more of marijuana. He challenged the trial court's denial of his motion to suppress. Defendant argued that the Trooper did not have a reasonable suspicion for the initial...

The court held that the trial court properly terminated the father's parental rights to the child where at least one statutory ground for termination was established by clear and convincing evidence and it was in the child's best interests.The...

The court held that because MCL 750.474 (illegal transportation of marijuana) is not part of the MMMA (Michigan Medical Marijuana Act), the defendant, as a compliant medical marijuana patient, could not be prosecuted for violating it.Illegal...

The vast majority of businesses in America are closely-held enterprises. You likely know that not all closely-held companies are run by members of a single family. Many individuals have an interest in a business that is owned by a relatively small...

Petitioner is 89 years old, and the father of two adult children. In 2013, petitioner's wife of 66 years passed away. Following her death, petitioner suffered from depression. In addition to his depression, he had several other health problems...

In this property dispute, plaintiffs filed suit against defendant to enforce a prescriptive easement that allows plaintiffs to place and use a seasonal dock.Plaintiffs are the successors in interest to plaintiff's mother, who acquired the property...

Plaintiff appeals the judgment of divorce that awarded defendant 50% of the equity in the marital home, all of workers' compensation benefits, and certain personal property items. Court affirmed the trial court's division of the financial assets of...

Court affirms that speeding and running red lights constitutes reckless driving and indicates willful and wanton disregard for the safety of persons or property.Defendant was convicted of reckless driving causing death and serious impairment of a...

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...

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....

Parents of young children frequently have to juggle schedules and make plans to continue to provide for the kids, while keeping involved in their extracurricular interests. Dreaming about the future is an added value for parents who think about the...

People can be arrested for drunk driving after a field sobriety test even if they were sober. Field sobriety tests may be difficult to pass.Many Michigan residents celebrate this time of year by attending parties or having drinks with friends. As a...

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...

The Court of Appeals held that "MCL 700.2503 permits the admission of a will to probate that does not meet the signature requirement in MCL 700.2502(1)(b), as long as the proponent establishes by clear and convincing evidence that the decedent...