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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...
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...
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...
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...
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...
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...
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...
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...
Anyone in Michigan charged with a felony offense punishable by more than one year of incarceration has a right to a preliminary exam in Michigan. At the preliminary exam, the prosecutor must present evidence that there is probable cause to believe that a felony has...
In Michigan, a person is guilty of driving while his or her operator's license is suspended or revoked, or "DWLS", contrary to MCL 257.904, if the prosecutor can prove all of the following elements beyond a reasonable doubt (M Crim JI 15.20): The person was operating...