26 U.S.C. §101(a)(1) provides as a general rule that "gross income does not include amounts received (whether in a single sum or otherwise) under a life insurance, if such amounts are paid by reason of the death of the insured." As a result, those proceeds are...
Month: August 2018
Michigan’s Intestate Succession: What Happens If I Die Without A Will or Trust?
A person is said to have died "intestate" if he or she did not have a last will and testament on the day of his death. In the event this occurs, Michigan law proscribes the order of heirs that would be entitled to inherit from this intestate estate. The highest...
Double Jeopardy In Michigan: Can I Be Charged Again?
The Double Jeopardy Clause in the Fifth Amendment of the United States Constitution provides that "[n]o person shall ... be subject for the same offence to be twice put in jeopardy of life or limb". The Michigan Constitution of 1963 has a nearly identical provision as...
What Are The Penalties For Failure To Pay Child Support In Michigan?
Spouses and parents have obligations under the law to support the other spouse and their children. Under the following circumstances, the family court can compel an individual to pay support: The court has authority to award spousal support to either party in a...
Does All Of The Decedent’s Property Pass Through Probate In Michigan?
The purpose of administering a decedent's estate through the probate court in Michigan is to ensure that the deceased person's property is legally transferred to those entitled to receive it according to law. A dead person cannot sign a property deed or a vehicle...
What Is A Ladybird Deed?
A ladybird deed, also known as an enhanced life estate deed, is a transfer of real property to a prospective grantee while reserving a life estate for the grantor. This deed also reserves power for the grantor to unilaterally convey the property during his lifetime...
What Are The Penalties For Operating While Intoxicated (OWI/OWPD) in Michigan? – MCL 257.625(1)
The days when a drunk driver would spend a night sobering up in jail and be released the next day with a fine are long past. A conviction for operating while intoxicated in Michigan can have significant criminal penalties, stiff financial obligations and severe...
What Is Michigan’s Principal Residence Exemption?
The Principal Residence Exemption (PRE) is a provision of Michigan's General Property Tax Act (MCL 211.7cc) that allows the owner to exempt a principal residence from the tax levied by the local school district up to the amount provided in MCL 380.1211 (currently 18...
Simplified Procedures For Small Estates In Michigan: An Overview
Administering an estate through the probate court, whether through formal or informal proceedings, can be an expensive and time-consuming ordeal. After paying the $175.00 filing fee, notice must be provided to all interested persons that someone is interested in the...
