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Tips- Finding the Right Real Estate Litigation Attorney for Your Specific Situation

Originally posted on 07/27/2018

Tips- Finding the Right Real Estate Litigation Attorney for Your Specific Situation - Michigan Attorney Blog | Aldrich Legal Services - a1(1)

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 transactions, closings, leases, buy-sell agreements, deed transfers, zoning, eminent domain, foreclosure, and other legal disputes, you need a firm with attorneys who understand Michigan law and will fight for your rights.

So how do you select the best real estate attorney for your situation?


Consider Their Credentials
Real estate law is a specialized area of practice. While a general practitioner can review documents and give advice on agreements, they may not understand the actual practice within the industry, have detailed knowledge of real estate case law, or be familiar with land-use regulations and surveys. 

Select a Firm that Understands the Nuances of Michigan Law
National firms or attorneys that practice in multiple jurisdictions may be unfamiliar with legal precedents in southeastern Michigan. Select a firm that specializes in real estate law and has a strong familiarity with local practices. Put your case in the hands of someone who understands Michigan law as well as specific ordinances and regulations that apply to your situation.

Avoid the Big Mistake of Trying to Defend Yourself without Proper Legal Counsel
Whatever you do, be sure to consult with an expert familiar with your situation. Personal filings mistakenly submitted after established deadlines may terminate your legal rights. Do-it-yourself forms are often ineffective. Submitting documents improperly may open you to legal exposure.

At Aldrich Legal Services, our attorneys have litigated literally thousands of cases. Our founding attorney, Brad Aldrich, is a knowledgeable real estate lawyer and skilled trial lawyer with more than 20 years of legal experience. He is a licensed real estate broker and owns multiple commercial properties. From standard contract disputes to complex commercial property litigation that requires a high level of legal sophistication, you can be confident that your legal matter is in good hands.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

FAMILY LAW 88: The trial court found that the children did not have an established custodial environment with defendant because, before the separation, he did not have a large role in the children’s lives.

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.

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.

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