On July 1st, 1979, Michigan's Truth In Renting Act went into effect to ensure fair dealing between residential landlords and tenants in lease agreements. Landlords are prohibited from including certain self-serving and arbitrary provisions in written agreements...
Month: March 2019
What Are The Penalties For Open Intoxicants In A Motor Vehicle In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Mar 27, 2019 | Traffic Offenses
It is well known that operating a motor vehicle while intoxicated or impaired is a crime in Michigan that can lead to substantial fines, license sanctions or even a jail sentence. What is not as well known is that it is a crime to have any open intoxicants in the...
Who Is Eligible For Michigan’s Home Heating Tax Credit?
by Kershaw, Vititoe & Jedinak, PLC | Mar 25, 2019 | Michigan Taxation
Did you know that lower-income taxpayers may be eligible for a tax credit in Michigan if the cost of heating their home and the amount of family income available does not exceed certain thresholds? This tax credit is made possible by the federal Low-Income Home Energy...
U.S. Court of Appeals Holds Parsonage Income Exclusion Withstands First Amendment Scrutiny
by Kershaw, Vititoe & Jedinak, PLC | Mar 22, 2019 | Federal Taxation, First Amendment
The U.S. Seventh Circuit Court of Appeals released their opinion in Gaylor v. Mnuchin, No. 18-1277, slip op. (7th Cir. Mar. 15, 2019) and Gaylor v. Peecher, No. 18-1278, slip op. (7th Cir. Mar. 15, 2019), holding that the Internal Revenue Code income exemption for...
What Are The Requirements For Child And Adult Seatbelt Restraint In A Motor Vehicle In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Mar 20, 2019 | Traffic Offenses
Parents certainly have their complaints about installing and using children's car seats in their motor vehicles. They are expensive, they are bulky, they take up incredible amounts of space in the passenger cab, and they are very frustrating and time-consuming to put...
Michigan Court of Appeals Holds Parental Rights Cannot Be Terminated In Stepparent Adoption Without Custody Order
by Kershaw, Vititoe & Jedinak, PLC | Mar 18, 2019 | Family Law
On March 14th, 2019, the Court of Appeals released their decision in AGD Minor, __ Mich App __; __ NW2d __ (2019)(Docket No. 345717) holding that the Genesee County Circuit Court did not error in dismissing a stepparent adoption action where the petitioner mother did...
U.S. Court Of Appeals Holds Middle Finger Gesture Does Not Trigger Probable Cause For Seizure Under Fourth Amendment
by Kershaw, Vititoe & Jedinak, PLC | Mar 15, 2019 | 4th Amendment, Criminal Procedure, First Amendment
The U.S. Sixth Circuit Court of Appeals released their opinion in Cruise-Gulyas v. Minard, No. 18-2196, slip op. (6th Cir. Mar. 13, 2019) and held that an individual flashing the vulgar middle finger gesture at a police officer does not create grounds for a search or...
What Are The Penalties For Texting While Driving In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Mar 13, 2019 | Traffic Offenses
Cellular phones are ubiquitous to modern society and it seems that people are on them whenever there is a spare moment (e.g. waiting in line at the store, on commercial break or even waiting to get a case called in the courthouse). It is especially tempting to get on...
What Is Malicious Destruction Of Real And Personal Property In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Mar 11, 2019 | Criminal Law
Whether it was intended as a prank, random vandalism or revenge, the destruction of another person's real or personal property is not tolerated under Michigan law. The severity of the penalty is directly related to the value of the property that was damaged or...
What Is Michigan’s Homestead Allowance, Family Allowance And Exempt Property Allowance?
by Kershaw, Vititoe & Jedinak, PLC | Mar 8, 2019 | Wills, Trusts And Estates
The death of the primary breadwinner in a family unit is a devastating loss both emotionally and financially. Fortunately, Michigan law provides measures to protect the widowed spouse and dependents while the decedent's estate is being settled by the personal...
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