WILL/TRUST 27: Unsuitable Personal Representative
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.
FAMILY LAW 68: A fit parent’s decision to deny grandparenting time.
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.
PROBATE 42: Dissolution of professional corporation.
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.
CONTRACTS 16: Claim for payment of commissions post termination.
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%...
DIVORCE 57: Court determined 10% interest gifted by father was marital property.
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...
REAL ESTATE 73: Quiet title action.
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...
How Is Alimony Determined In A Michigan Divorce?
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...
CRIMANAL LAW 17: Defendant was arrested for carrying a concealed weapon without a concealed pistol license (CPL).
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...
Litigation 9: Court finds condo association cannot seek foreclosure solely because of unpaid fines.
Defendant argued that plaintiff does not have authority to foreclose on his property solely because of unpaid fines.
WILLS/TRUST 26: What happens when the language of the Will or Codicil is uncertain?
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.
Is My Conviction Eligible for Expungement?
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...
PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi
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,...
DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re
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...
REAL ESTATE 72: The court held that the trial court did not err by granting partial summary disposition for plaintiffs-property owners and declaiming that they had exclusive right to use a private road easement.
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)...
FAMILY LAW 68: The court held that the satisfaction of the statute relating to the termination of parental rights does not necessarily provide clear and convincing evidence in a parenting time dispute that a child will be harmed by reintroduction to
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...
FAMILY LAW 67: The court held that the trial court did not apply an incorrect standard or abuse its discretion in granting plaintiff-mother’s motion to change the child’s domicile.
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...
REAL ESTATE 71: The court held that defendant was violating the township zoning ordinance by operating a tourist home and thus, plaintiff were entitled to summary disposition of their nuisance per se claim.
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...
When Should a Restaurant File for Chapter 11 Bankruptcy?
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...
DIVORCE 56: The court held that the plaintiff ex-husband failed to show how the arbitration was void or without authority.
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...
WILLS AND TRUST 12: The court was not left with a definite and firm conviction that the probate court erred when it found that Appellant did not establish a persistent failure of Appellee to effectively administer the Trust.
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...
FAMILY LAW 66: The court affirmed the trial court’s retroactive child support modification as to the second credit to which plaintiff-mother admitted at the referee hearing, and reversed and remanded as to the trial court’s equitable abatement of th
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...
FAMILY LAW 65: The court held that because the ECE was not altered by the change of school districts, the referee properly applied the preponderance of the evidence standard when reviewing the best interest and parenting time factors.
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...
WILLS AND TRUST 11: The court held that the probate court abused its discretion by granting appellee-successor trustee’s petitions without providing appellant the opportunity to object in accordance with MCR 5.119(B).
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...
FAMILY LAW 64: The court reversed the trial court’s order granting joint physical and legal custody of the parties’ children to defendant-father, concluding that the trial court improperly conflated his motion to change custody with plaintiff-mother
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,...
5 Common Misdemeanors Affecting People in Michigan
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...
PROBATE 44: The court held that the probate court did not err by declaring a will executed by the decedent invalid on the basis that she lacked testamentary capacity to execute it and that it was the product of petitioner’s undue influence.
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...
Michigan Expungement Law Updates For 2021
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...
FAMILY LAW 63: The court remanded the mother’s motion for modification of custody for an evidentiary hearing, concluding that her offer of proof and other information in the record warranted one.
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,...
DIVORCE 55: THE COURT HELD THAT THERE WAS INDISPUTABLE EVIDENCE OF A CHANGE OF CIRCUMSTANCES ALLOWING PLAINTIFF TO MODIFY HIS SPOUSAL SUPPORT
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...
FAMILY LAW 62: The court held that the trial court erred by imputing income to Defendant and increasing the amount of child support he pays to Plaintiff.
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...
Are Juvenile Records Public or Can They be Expunged?
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...
REAL ESTATE 70: The Court held that the trial court had subject-matter jurisdiction over the eminent domain complaint filed by Plaintiff.
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...
REAL ESTATE 69: Holding that the trial court did not err when it declined to order plaintiffs to obtain a new land survey to mark the boundaries of the easement, the court affirmed the trial court’s order.
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...
FAMILY LAW 61: FINDING NO ERRORS WARRANTING REVERSAL, THE COURT AFFIRMED THE TRIAL COURT’S ORDER THAT APPELLANT’S OUTSTANDING CHILD SUPORT ARREARAGE WAS STILL COLLECTIBLE.
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...
Wills and Trusts
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...
FAMILY LAW 60: The court held that the trial court proceedings did not deprive defendant of his right to due process by entering ex parte orders.
PROBATE 43: The court affirmed the probate court order dismissing appellant’s petition to set aside the decedent’s 2018 will and admit his 2003 will for failure to create a genuine issue of material fact.
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...
REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.
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...
PROBATE 42: The court held that the trial court did not err by granting defendant summary disposition of plaintiff-PR’s fraud and conversion action on the basis that it was barred by a prior judgment.
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...