Memorial Day is a federal holiday intended to honor and remember those people who died while serving in the United States military. These individuals have paid the ultimate price to preserve the freedom and liberty that we enjoy in the United States. The...
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Month: May 2018
Michigan Supreme Court Holds Personal Protection Order Appeal Is Not Moot Even If It Expires Before Review
On May 18th, 2018, the Michigan Supreme Court released their decision in TM v MZ, ___ Mich ___; ___ NW2d ___ (2018)(Docket No. 155398) holding that an appeal taken from the entry of a personal protection order ("PPO") was not moot solely because it expired during the...
Michigan Court of Appeals Holds Lawyer-Guardian Ad Litems Are Entitled To Immunity From Legal Malpractice Suits
On May 17, 2018, the Michigan Court of Appeals released their decision in Farris v McKaig, ___ Mich App ___; ___ NW2d ___ (2018)(Docket No. 337366) holding that a lawyer-guardian ad litem (hereafter "L-GAL") is entitled to the same immunity as other guardian ad litems...
Michigan Court of Appeals Decides Unmarried Same-Sex Partners Do Not Become Legal Parents Together By Contract Alone
On May 15th, 2018, the Court of Appeals released their decision in Sheardown v Guastella, ___ Mich App ___; ___ NW2d ___ (2018)(Docket No. 338089) deciding that a contract alone between a same-sex couple does not create legal paternity for the purposes of seeking...
Should I Make A Will Or A Living Trust?
If you have committed to making an estate plan, then you have taken the first step in protecting your hard-earned assets for your future beneficiaries. The second step will be deciding what vehicle you want to use to carry out your final wishes. Is it better to make a...
Michigan Court of Appeals Directs Board of State Canvassers To Certify Initiative Petition Asking For Repeal of Prevailing Wage Act
On May 11th, 2018, the Court of Appeals released their decision in Protecting Michigan Taxpayers v Board of Canvassers, ___ Mich App ___; ___ NW2d ___ (2018)(Docket No. 343566) directing the Board of State Canvassers to certify an initiative petition despite the fact...
Annulments In Michigan: Legal Grounds and Consequences
An action for divorce and an action for annulment will terminate a marriage between two people but have a significant difference in effect. A divorce recognizes that a marriage began on a certain date and ended on a certain date, so any rights shared between spouses...
Are Attorney Fees Tax Deductible?
Can a taxpayer deduct the cost of hiring an attorney from taxable income? The answer depends greatly upon whether the lawyer was hired for a personal or business matter. The passage of the Tax Cuts and Jobs Act of 2017, whose provisions largely became effective...
Dead Man’s Statute: Can You Admit A Decedent’s Statements in Michigan Court
Several states have an evidentiary rule known as the "dead man's statute" designed to prevent perjury in a civil case. The rule generally prevents a witness from testifying as to any communications or transactions with a decedent unless some exception applies. In most...
In Terrorem Clauses: Don’t Take My Will To Court Or Else
When a person executes a will, a revocable trust or a similar estate planning tool, there is an expectation that the people in his or her life would respect the expressed wishes and carry out those directions stated. Unfortunately, probate courts across the State of...
