Legal Reference Blog by Renee C. Walsh, Esq.

26. March 2008: "Payment in Full"

The phrase, "payment in full", is most commonly thought of in respect of seeing this clause in the memo section of a check. What does it mean and what is its legal effect? ...More

25. March 2008: Order for Grandparenting Time

Michigan Compiled Law 722.27b Order for grandparenting time; circumstances; acknowledgment of parentage; commencement of action; procedures; affidavit; notice; opposing affidavit; hearing; basis for entry of order; condition; record; court mediation; frequency of filing complaint or motion seeking order; attorney fees; order prohibiting change of domicile of grandchild; effect of entry of order; modifying or terminating order.

Sec. 7b. ...More

25. March 2008: Powers of Court in Child Custody Disputes

Michigan Compiled Law 722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order.

Sec. 7. ...More

25. March 2008: Parenting Time Defined

Michigan Compiled Law 722.27a Parenting time.

Sec. 7a. ...More

25. March 2008: Joint Custody Defined

Michigan Compiled Law 722.26a Joint custody.

Sec. 6a. ...More

25. March 2008: Best Interests of Child Defined

Michigan Compiled Law 722.23 “Best interests of the child” defined.

Sec. 3.

As used in this act, “best interests of the child” means ...More

24. March 2008: Action to Quiet Title

Question:

I bought 60 acres of commercial property ten years ago for $30,000.00. I did not file the deed with the Register of Deeds. The former owner again sold the property to his heirs for $50.00 last year and they recorded their deed. If they would have gone out and looked at the property, they would have seen that it was owned by someone else. Who should prevail in this situation? ...More

20. March 2008: 1972 Will Leaves Out Children and Gives All to Ex-Wife's Mother

Question:

My father passed away recently. His will was from 1972. It leaves out four children from a previous marriage. It also leaves everything to his mother-in-law at the time, however, he divorced the woman to whom he was married at the time of the execution of the will. My sister and I were born after the will was made. What happens in this scenario? ...More

18. March 2008: Kudos!

"Dear Renee,

Spectacular! Incredibly thoughtful and scholarly review of this unfortunate circumstance. You have given me strength to fight this landlord not just on behalf of my deceased mother but for all the other elderly tenants in this apartment (and there are quite a few of them) who were cajoled into signing this addendum.

Regards and thank you for your response,

J. S., Ph.D.
Professor of Neurosciences
Case Western Reserve University"

18. March 2008: Death Clause in Lease for Rental Property - Michigan

Question: My mother recently passed away unexpectedly at age 86. She was a 28 year renter of an apartment. After she died, I was notified by her landlord that he had gotten her to sign a lease addendum (when she was in her early 80's) that was specifically a "death clause." The clause states that, upon her death, her estate is forced to pay an early lease termination fee of 3 months rent. This is in addition to maintaining the rent monthly up until the time the apartment is vacated of all her belongings. I have scoured the internet and have found nothing like this anywhere in any lease. To me this is excessive and, indeed, unconscionable. Is this legal? ...More

17. March 2008: Bankruptcy - How People Use the System

Representing clients in bankruptcy, I see how the system is used and am amazed at what I assess. Bankruptcy petitioners know how to use the system to live a lifestyle they could not otherwise afford. ...More

15. March 2008: Trustee Performance - Bank's Breach of Duty

Question:

In 30 years, my trust account has not grown. Can I sue my bank trustee for poor performance? Michigan law regarding trusts is codified at ...More

12. March 2008: What happens to my estate if I die without a will?

This is a common question. If you die without a will, your estate will be probated according to your state's laws of intestate succession. In Michigan, these laws are codified at ...More

11. March 2008: Kudos!

Thank you very much for helping me and my family with our real estate ownership issue. Your advice on how to protect our interests and the documentation you prepared was top notch. We really appreciate your prompt responses and fair billing rates. We will certainly recommend you to others in need. Thanks again.

Steve