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.
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,...
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 particular right from media and preconceived notions. You can't always have an experienced defense attorney with you when out in your community. Here’s a look at what it is and what it isn’t when it comes to your right to remain silent in Michigan while being arrested.