Legal Reference Blog by Renee C. Walsh, Attorney

Legal Reference Blog by Renee C. Walsh, Attorney http://www.lawrefs.com/ Free Legal Advice and Information en-us Nucleus CMS v3.64 © Weblog http://backend.userland.com/rss http://www.lawrefs.com//nucleus/nucleus2.gif Legal Reference Blog by Renee C. Walsh, Attorney http://www.lawrefs.com/ <![CDATA[If You're Playing The Star Spangled Banner in Michigan, You'd Better Do It Right]]> http://www.lawrefs.com/
MCL 750.541 provides]]> Criminal Law and Procedure http://www.lawrefs.com/ Thu, 16 Feb 2012 12:01:59 -0500 http://www.lawrefs.com/ <![CDATA[Michigan Interest Rates - Usury Laws Applying to Individual Consumers]]> http://www.lawrefs.com/ MCL 438.31 states that parties may stipulate to pay interest up to 7 percent per year. This limit applies to individual consumers and to divorcing spouses pursuant to a divorce judgment. This limit does not apply to any time price differential which may be charged upon sales of goods or services on credit.

The time price differential is]]> Debtor/Creditor http://www.lawrefs.com/ Thu, 16 Feb 2012 11:38:06 -0500 http://www.lawrefs.com/ <![CDATA[Between Ages 17-20 Avoid Criminal Record with HYTA]]> http://www.lawrefs.com/ Holmes Youthful Trainee Act (HYTA) can be found at MCL 762.11 - MCL 762.16. This Michigan law allows a judge to place a youth between 17 and 20 who is alleged to have committed a crime and who has pleaded guilty to that crime, to be placed in prison or on probation, without a conviction to avoid a criminal record. (This law also applies to youths age 14, however, typically such cases are juvenile matters, which do not appear on a criminal record anyway, so HYTA status would not be sought.)

This privilege excludes]]> Criminal Law and Procedure http://www.lawrefs.com/ Wed, 15 Feb 2012 11:42:36 -0500 http://www.lawrefs.com/ <![CDATA[Siblings Inherit Home Encumbered by Life Lease]]> http://www.lawrefs.com/
My siblings and I inherited my grandparents home that a uncle has a life lease for. My father, his brother, bought out this uncle and another brother. Do we still have to uphold the life lease? If so, who is responsible for the taxes, maintenance, etc?

Response:]]> Estates / Probate http://www.lawrefs.com/ Wed, 15 Feb 2012 11:16:41 -0500 http://www.lawrefs.com/ <![CDATA[Untried Charges Against Michigan Inmates]]> http://www.lawrefs.com/
The 180 day period starts ]]> Criminal Law and Procedure http://www.lawrefs.com/ Wed, 15 Feb 2012 11:10:32 -0500 http://www.lawrefs.com/ <![CDATA[Michigan Lien Law]]> http://www.lawrefs.com/ Chapter 570 of the Michigan Compiled Laws. The following is a list of Acts for different kinds of liens:]]> Debtor/Creditor http://www.lawrefs.com/ Wed, 15 Feb 2012 10:29:44 -0500 http://www.lawrefs.com/ <![CDATA[Hard to Police What Goes on in Foster Homes]]> http://www.lawrefs.com/ Report: N.J. spent approximately $51.7 million on 317 child neglect and abuse lawsuits>.

NJ spent approximately $517 million on 317 child neglect and abuse lawsuits and still, there is little hope that the massive expense really made a difference because it's too hard to police what really goes on in foster homes. Abused children should sue the system that fails them.

New Jersey settled the following lawsuits:

$800,000 settlement after 21-month old died in a foster home;

$4.5 million settlement after 17-year-old boy sexually abused by a foster parent when he was age six;

$600,000 settlement after 17-year-old girl sexually abused by her foster father beginning at the age of seven

$12.5 million settlement to four brothers, starved and beaten by their foster mother

]]> Child, Family, State http://www.lawrefs.com/ Tue, 14 Feb 2012 21:28:41 -0500 http://www.lawrefs.com/ <![CDATA[Michigan Statutes Addressing Disputes Regarding Funeral and Burial after Death]]> http://www.lawrefs.com/
MCL 700.3206 Right and power to make decisions about funeral arrangements and handling, disposition, or disinterment of decedent's body; presumption; priority; shared rights and powers; personal representative or nominated personal representative; guardian; special personal representative; additional persons; reasonable attempt to locate person; "nominated personal representative" defined.

Sec. 3206.

(1) Subject to 1953 PA 181, MCL 52.201 to 52.216, and to part 28 and article 10 of the public health code, 1978 PA 368, MCL 333.2801 to 333.2899 and 333.10101 to 333.11101, a person with priority under subsections (2) to (4) or acting under subsection (5), (6), (7), or (8) is presumed to have the right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of a decedent's body, including, but not limited to, decisions about cremation, and the right to possess cremated remains of the decedent. The handling, disposition, or disinterment of a body shall be under the supervision of a person licensed to practice mortuary science in this state.

(2) The surviving spouse or, if there is no surviving spouse, the individual or individuals 18 years of age or older, in the highest order of priority under section 2103, and related to the decedent in the closest degree of consanguinity, have the rights and powers under subsection (1).]]> Estates / Probate http://www.lawrefs.com/ Tue, 14 Feb 2012 21:03:55 -0500 http://www.lawrefs.com/ <![CDATA[Probate Statutes - What Can You Do When Will or Trust is Not Being Followed]]> http://www.lawrefs.com/ Estates / Probate http://www.lawrefs.com/ Tue, 14 Feb 2012 20:48:10 -0500 http://www.lawrefs.com/ <![CDATA[Impact of Divorce on Will in Michigan]]> http://www.lawrefs.com/
See MCL 700.2801 Effect of divorce, annulment, decree of separation, bigamy, and absence. This law proves that an individual who is divorced from the decedent is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death.

See also MCL 700.2807 Revocation upon divorce; revocation by other changes of circumstances. This law provides that divorce revokes a disposition of property made by a divorced individual to his former spouse or their relative in a governing instrument. It also revokes any fiduciary nomination of the former spouse.

]]> Estates / Probate http://www.lawrefs.com/ Tue, 14 Feb 2012 17:13:20 -0500 http://www.lawrefs.com/