When you draft your last will and testament, you are free to leave your property to almost anyone you choose. However, deciding who gets to inherit from you is also deciding who doesn't get to inherit from you. You can make provisions to disinherit your children if...
Month: November 2018
Michigan Court of Appeals Reverses Termination of Father’s Parental Rights For Lack of Jurisdiction
by Kershaw, Vititoe & Jedinak, PLC | Nov 26, 2018 | Child Protective Proceedings
On November 20, 2018, the Michigan Court of Appeals released their opinion in In re IML, __ Mich App __ ; __ NW2d __ (2018)(Docket No. 344326) reversing the trial court's decision to terminate a father's parental rights. Shortly after birth in 2012, a mother left her...
What Is Michigan’s Real Estate Transfer Tax?
by Kershaw, Vititoe & Jedinak, PLC | Nov 21, 2018 | Michigan Taxation, Property Law
Michigan imposes a tax upon the seller or grantor of the following instruments recorded at the county register of deeds:Contracts for the sale or exchange of real estate or any interest therein (or any combination of sales or exchanges) or any assignment or transfer...
The Child and Dependent Care Credit: How Much Is It and Do I Qualify?
by Kershaw, Vititoe & Jedinak, PLC | Nov 19, 2018 | Federal Taxation
In many parts of the United States, it is not uncommon for child care costs to exceed $1,000.00 per month per child. Additionally, caretakers of incapacitated adults often find the costs of respite care to be extravagant compared to their wages or salary. For many...
Who Is A Mandatory Reporter of Child Abuse In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Nov 15, 2018 | Child Protective Proceedings
Michigan law requires that certain individuals who have reasonable cause to suspect child abuse or neglect must immediately report it to Child Protective Services. "'Child abuse' means harm or threatened harm to a child's health or welfare that occurs through...
What Are The Penalties For Felonious Assault In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Nov 12, 2018 | Criminal Law
An assault with a dangerous weapon (also known as "felonious assault") is a serious criminal offense in Michigan because of the potential to cause substantial injury to someone else. Bare fists are no match for a knife, a club or a gun. Those who harm or...
Michigan’s “Anti-Lockout” Statute: What Landowners and Landlords Need To Know About Illegal Evictions
by Kershaw, Vititoe & Jedinak, PLC | Nov 8, 2018 | Landlord-Tenant Law, Property Law
As a landowner or landlord, it is tempting to engage in self-help to remove a tenant when rent is not being paid or damage is discovered on the premises. However, anyone who ejects a person from their property without going through permitted legal processes can be...
Election Day In Michigan: An Overview of Prohibited Conduct
by Kershaw, Vititoe & Jedinak, PLC | Nov 5, 2018 | Election Law
Election Day is an important event in the United States as it gives citizens the opportunity to choose their leaders and carry out the peaceful transition of government. As a result, Michigan law severely punishes those individuals that attempt to unlawfully influence...
Initiating A Will Contest (Part 5 of 5): Fraud, Duress, Mistake and Other Grounds
by Kershaw, Vititoe & Jedinak, PLC | Nov 1, 2018 | Wills, Trusts And Estates
The most common grounds for contesting a last will and testament in the probate court are:Mental Incapacity (See Part 1). Undue Influence (See Part 2). Improper Execution of the Will (See Part 3). Revocation of the Will (See Part 4). While these are the most frequent...
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