734-359-7018
Now Accepting New Clients!
Blog

DIVORCE 73: Plaintiff filed a complaint for separate maintenance once husband was disabled.

In this case, Plaintiff filed a complaint for separate maintenance stating that she and defendant lived together as husband and wife for several decades until defendant suffered a stroke that required his placement in a nursing home. Plaintiff further alleged that if she ever became disabled her income and assets will be insufficient to support herself if the Defendant’s income and assets would be used to pay for his care in the nursing home or long-term care facility. But once on Medicaid, 100% of Defendant’s care needs will be met by his Medicaid benefits.

Support Order

Plaintiff asked the court to order defendant to pay spousal support in the amount of the total marital estate and assign his social security income to plaintiff. The parties stipulated to entry of a support order and, after a perfunctory hearing on the matter, the trial court entered the parties’ proposed order.

Reconsideration of Support Order

Department of Health and Human Services (DHHS) moved for reconsideration of the support order. DHHS argued that the parties were attempting to evade Medicaid policy regarding eligibility for, and the extent of, long-term care benefit which were available only to those with minimal financial resources and that this Court had previously disapproved of similar schemes undertaken in probate proceedings. DHHS further argued that the support order did not comport with certain statutes and court rules governing separate maintenance actions or caselaw requiring equitable distribution of marital assets.

Trial Court

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. Plaintiff and defendant were the only proper parties in this action for separate maintenance. There was no suggestion that DHHS conspired with either party to defraud the other, so DHHS’s involvement in this case does not fall within the narrow fraud exception for third-party joinder.

Like any other person claiming to be adversely affected by the support order, DHHS had to pursue a remedy through means other than involvement in the divorce proceedings.

Skilled Legal Assistance with Divorces

To protect your financial rights, it is important to have an experienced and understanding divorce attorney by your side at every step of the way. Our focus is on resolving your dispute as efficiently and cost-effectively as possible, while fully safeguarding your rights. If your divorce is not resolved before trial, we have the courtroom skills and experience to help you obtain the best possible outcome.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

REAL ESTATE 89: RM had not included any language in the deed providing that the property was a joint tenancy with full rights of survivorship, the property instead became a tenancy in common.

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.

FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.

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.

PROBATE 53: The trust agreement included an Incontestability Provision.

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.

FAMILY LAW 82: Court stated it would terminate the personal protection order (PPO) after the parties present documentation of the initiation of the divorce proceedings.

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.

What to Do When Homeowners Insurance Denies Your Claim

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...

What to Look for in a Criminal Defense Attorney

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...

PROBATE 51: Trust filed a petition to determine title to credit union account.

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.

Invoking Your Right to Remain Silent

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...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405