Blog
Physical Custody & Legal Custody
In Michigan, the court has jurisdiction over the custody of minor children in any dispute regarding that issue. There are two types of custody under Michigan law, one is generally understood and labelled “Physical Custody”, the other “Legal Custody.” Physical...
What is Dower (Or Why Does My Wife Have to Sign the Deed?)
Michigan remains one of the few states in the country to retain, for married women, what are called “dower” rights. Dower is defined as the wife’s right, under common law, upon her husband’s death, to a life estate in one-third (1/3) of the land her husband owned in...
Tenancy By the Entireties Property: Bankruptcy, Probate and Collection Issues
Michigan remains one of only few states that continue to recognize the ability of a husband and wife together to own property as tenants by the entireties. In fact, if persons are husband and wife and are married at the time they took title to a parcel of real...
Tax Uncapping: What is it and Why You Should Care
Let’s start with a little history. Back in 1994, as part of general tax reform, the voters of the State of Michigan enacted various legislation (called Proposal A), that amended the state constitution to increase the state sales tax and reduced (for the time being)...
Naming a funeral representative (and why you might need one)
One of the best hitters of all time was Ted Williams. When he passed away in July, 2002, his children fought over the disposition of his remains. (He wound up beheaded and his head was cryogenically frozen in the hope that sometime in the future a cure will be found...
Digital Assets: When You Are Gone Are They Gone Too?
Most people today have some type of digital or on-line account where they store a variety of information including photos, bank, brokerage and related financial accounts, Pay Pal accounts, and the like. For security reasons, this information is usually password...
Don’t Pull a “Prince” (Is Your Estate Plan In Order ?)
The recent death of the iconic pop singer Prince has put a focus not only on the performer and his music but also on the need for estate planning. As you may have read, Prince died without a Will; i.e. intestate. What this means, from a practical standpoint, is that...
Can One Assert Claims of Adverse Possession and/or Acquiescence Against Local Governmental Units?
Oftentimes, most governmental units are insulated against claims made against them for a variety of causes of action. However, if you have been using public grounds for over 15 consecutive years in a manner adverse to the interest of the property owner, or they have...