Child Custody Tips

In this blog we will be going over a few custody tips and what child custody is in Michigan. There are actually two types of custody that a parent has under the law. The first is legal custody, which is the right of every parent to make major decisions in their child’s life and to be able to visit and have contact with them. Both parents generally retain legal custody even after the divorce is concluded. Usually, the only way you lose it is if you lose your parental rights or the courts make a rare decision to grant sole legal custody to the other parent. The other form of custody is physical custody. Physical custody is where you actually keep the child in your home, under your roof. The child lives with you. When you change houses, so does the child. This form of custody is usually only given to one of the parents but can sometimes be shared between both. This is the form of custody that ex-spouses sometimes dispute over during a divorce case.

Tips

When it comes to law it is oftentimes unreasonable to most people. The one thing that you may think is extremely important in your case may not even matter in the grand scheme of things. If you feel like you’ve seen things on tv or online of one lawyer tearing into another party and that’s how things should go, you are unfortunately wrong. Going at your ex wife and berating the other party is not going to help you get your child for custody. It’s not about ripping into the other party but instead showing the court why you are the best choice to take custody of your child. Your top priority is your child’s best interest and how the court sees you. The way you show the court you are the better option is to rise over the garbage and name calling, be the better person and act like a responsible person that cares about their child. Joint custody is the best way to do a custody case because it allows both parents to work together and shows the court that the child is in good hands.

You can seek a custody case with the family court without getting a divorce. If the parents of the child are not married, then they must establish paternity. A good way to accomplish this is for both parents to sign and file an affidavit of parentage. If you sign this affidavit, you waive your right to a paternity test later. Following the filing of the affidavit, the family court will typically give initial custody to the mother until a custody proceeding is initiated and final custody is decided. If neither parent agrees to sign the affidavit, then the court may order a paternity test. Depending on the result, either parent (or child) may initiate a paternity case to determine child support, parenting time, etc.

Child custody is a very serious topic and is something that needs to be handled with diligence and results. Goldman and Associates is here to provide you with all the legal services you need.

If you have any questions regarding Child Custody or Parenting Time in Michigan contact Goldman and Associates today for a free phone consultation. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on custody in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

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Modifying Child Support in Michigan

Child Support is an important topic, it involves how much a parent will pay to support their child. Child support is a court-ordered payment, typically made by a noncustodial divorced parent, to support one’s minor child or children. Modification is when one or both parents petition the court to change the terms of a child support order that has already been made. In this blog we will be going over what it means to modify child support in Michigan. If you have any other questions regarding child support or divorce, give Goldman and Associates a call today to learn more.

Can I modify my child support payments?

Child support orders can only be modified when there is a “substantial” change in circumstances (more significant than for modifying spousal support). This change must effect the needs of the child or the ability of the paying parent to provide for these needs (i.e. ability to pay). A number of factors will be considered when determining whether or not to grant modification. These are just a few examples:

The paying parent changes jobs
The child growing older
Inflation
Change in paying parent’s income
Paying parent retires
Paying parents becomes permanently injured or sick

What is the procedure for modifying child support?

In Michigan, there are two methods for securing a modification of child support. You can either make a request to the FOC (Friend of the Court) office to review the support order, or you can file a motion directly with the family court. You are limited to one modification request to the FOC every 36 months (3 years) for any reason. You can request modification sooner if you can persuade the FOC that there has been a sufficient change in circumstances. If they agree that the change in circumstances is significant enough, then they will file a motion with the family court.

The FOC and the family court usually define “significant change” as 10% or greater change in income (either reduction or increase), or something analogous to that. From the moment the modification request is made, the whole process generally takes about 180 days (six months). Filing directly with the court will generally only take 90 days (three months) but is significantly more expensive (going through the FOC is free). If you experience a change in financial circumstances such as the loss of a job, you are required to report that to the FOC in writing before you can get your support payments modified. If you fail to request modification immediately you will incur substantial and unnecessary arrears (see relevant section of this guide).

Conclusion

Failure to pay child support is a felony punishable by at least four years in prison and/or fines of up to $2000. Beyond that, the court may also hold the delinquent ex-spouse in contempt of court. Contempt can also be a crime, but is usually civil. Remember that if you want to get your child support modified, talk to your lawyer first, your lawyer will create a case for you and assist you in getting your child support modified.

Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Child Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.

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Speeding and Traffic in Michigan

It’s important to be informed about traffic laws in Michigan. You never know what you truly know about the law of the roads. In this blog, Goldman and Associates will be going over the basics of traffic law, point system, and speeding. A traffic violation can lead you to have your license suspended or paying fines up to $300

Michigan Traffic Point System

Michigan uses a point demerit system in addition to the standard penalties for traffic and speeding violations. The point system is a straightforward and nuanced way to track a driver’s history of traffic violations and reckless driving. Each violation is given a point value based on the severity of the offense. Earning too many points in a short period of time could result in the suspension or even complete confiscation of your driver’s license.

2 points: driving 1-5 mph above speed limit, refusal to consent to a breathalyzer test, having an open container of alcohol in your car
3 points: Driving 11-15 mph over the speed limit, careless driving, disobeying a stop sign/traffic signal, improper passing, failure to stop at a railroad crossing, failure to stop for a school bus, disobeying a school crossing guard.
4 points: 16+ miles above the speed limit, drag racing, OWVI (operating while visibly impaired, testing for any alcohol content when you are under 21, failure to yield for emergency vehicles
6 points: Manslaughter, negligent homicide, any felony involving a motor vehicle, driving under the influence of alcohol or drugs, failure to stop and identify yourself at the scene of a crash, reckless driving, BAC level above .08, refusal to take a chemical test, fleeing police

Once points have been imposed by a conviction, they will remain on your record for 2 years. A certain amount of points will cause your license to either be suspended or revoked. A suspended license can be reinstated (for a fee) at the end of the designated suspension period. You can reapply for a revoked license after 1 year. If your license is revoked a second time, then the waiting period before reapplication is 5 years.

In addition to the loss of your license, the accumulation of points (as well as the tickets that cause them) can also result in hikes in your auto insurance rates. Your driving record is the primary factor that auto insurance companies look at when determining how safe a driver you are. If the risk factor becomes too great, your insurer may refuse to cover at all. This is a huge problem because auto insurance is necessary in order to legally operate an automobile in Michigan.

When you accumulate points on your record, there are only two ways to remove them (other than preventing them from being imposed in the first place). The first method is to wait 2 years for your record to be cleansed. The other method is to participate in a basic driver improvement course (BDIC). The test will cause moving violations to be removed from your record, but the course can only be taken by the driver one in a lifetime.

Speeding

The essence of Michigan’s basic speeding law is that a motorist must always drive at a safe and reasonable speed, depending on the circumstances. A safe and reasonable speed is one which allows the motorist to come to a stop within a reasonable distance (i.e. before colliding with the car driving in front of you).

Even if the sign says 60 mph if there is fog everywhere and ice on the road, then driving at the posted speed limit could still be considered speeding. On the other hand, driving too slowly can also be unreasonable and dangerous. Driving 3 mph when the sign says 50 mph would also violate the basic speeding law even though it isn’t technically “speeding”. At the end of the day speeding is going to get you a ticket regardless. It’s better to follow the rules of the road and stay within the speed limit.

Conclusion

The general rule for the Michigan speed limit is decidedly more straightforward. You can be charged with speeding if you are traveling even 1mph above the speed limit. That being said, most traffic enforcement officers have better things to do than pull over every motorist who goes that fast. It should also be noted that the “speed limit” is not limited to the number posted on the sign.

For more information on Traffic Laws In the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

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Dog Bites In Michigan

Did you know the number of dog bites has doubled in the past 8 years? There are almost 4.7 million dog bites every year in the United States, and 50% of children will be bitten by a dog. Dog bites in Michigan are not uncommon and these kinds of events should be taken seriously. According to the CDC, there are roughly 800,000 dog bites every year that require medical attention (1 in every five dog bites). 334,000 of those end up being so severe that the victim must be hospitalized. To put that perspective, there are 2400 dog bite injuries every day. To break it down even further, one person is injured by a dog every 36 seconds. As many as twelve people die each year as a result of dog bite injuries. In this blog, we will be going over what to do if you are bitten by a dog and the legal steps you can take in this situation.

What to do if a dog bites you?

The very first thing you should do is seek medical attention. Not only can dog bites cause severe injury, but dog saliva makes bite wounds prone to infection. Also, it would be wise for you or your doctor to take pictures of the bite wound. This is essential because you must prove that an injury occurred in order to sue for a dog bite. At some point it would also be advisable to contact animal control or the local police and file a report. Even if you do not succeed in your lawsuit, an official report might lead to further legal consequences for a reckless dog owner. Remember that your health comes first, legal actions can be taken after you know that there is nothing life threatening.

There are many reasons why a dog might bite you. The dog may feel trapped, scared, excited, etc. Make sure the dog you are around has a responsible owner, if you don’t feel safe with the dog then leave the place immediately.

How to identify an aggressive dog?

Here is a list of indications that a dog is aggressive and might hurt you or your loved one:

Freezing in place and holding the body rigid
Tucking the tail between the legs
Standing with the head low and the front legs splayed.
Raised fur on the back.
Excessive licking of the lips
Growling and snarling
Curling lips to show teeth

If you witness any of these signs or otherwise suspect that a dog is taking an aggressive posture, then you should stand still with your hands at your sides and avoid moving closer to the dog. Avoid eye contact, as the dog will likely perceive that as a challenge and escalate their aggression.

Conclusion

If a dog does attack you, try giving it something other than you to bite on. If you have a purse or if you can manage to get your jacket off, use it as a substitute and try to back away from the dog. If the dog manages to get you to the ground, adopt a fetal position and remain as still as possible. Cover the back of your neck and ears with your arms and hands and do your best to avoid yelling or screaming. Ideally, the dog will lose interest in attacking you and you will be able to find safety and an opportunity to take stock of the situation.

Dog attacks can be scary and dangerous, make sure that everyone involved is safe. If you or someone you know has been bitten by a dog contact Goldman today. If you have any questions about your rights in Michigan give Goldman and Associates a call,Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Legal Defense in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan.

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Assault and Battery in Michigan

In this blog, we will be going over questions and answers relating to assault and battery. Assault without a dangerous weapon is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both. Keep reading to learn more about assault in Michigan.

Assault and Battery Q & A

What is assault?

Assault is an act that would cause a reasonable person to believe that you are about to cause harm or other offensive contact with their person. Exaggerated fears or the belief that harm might come in the far future is not enough. It must be imminent and it must be reasonable. Mean words alone are not assault. However, a conditional threat, like “your wallet or your life” might count as assault. It does not matter if the defendant is not actually capable of carrying out the threat, as long as the victim reasonably believes that they are capable. The defendant must have intended to put the victim in “apprehension” of harm in order to be liable for assault.

What is battery?

Battery is an intentional act which creates harmful or offensive contact with anothe r person. “Harmful” means anything which causes pain, injury or disfigurement. However, “offensive” could be as tame as spitting someone and it would still qualify as battery. Just as long as a reasonable person would consider it offensive.

When can someone be liable for intentionally inflicting injuries on another person?

In order to be liable for intentionally inflicted injuries, three requirements must be met. First, the act itself must have been a voluntary movement (no reflexive actions). Second, that person must have had the proper intent or mental state. Typically, intentional injury cases require that the defendant either intended to cause the harm or was almost certain that injury would result from their actions. The third requirement is that the act of the defendant must be the primary cause of the injury being sued for. Even if there were other causes involved, as long as the actions of the defendant were the most important contribution, they can be held liable for the injuries inflicted.

Conclusion

Michigan (like most states), observes the doctrine of transferred intent. That means that when the defendant has the right mental state for an intentional tort, but causes an injury to someone other than their intended target, they can still be held liable as if they had injured their intended target.

If you have any questions about your rights in Michigan give Goldman and Associates a call today. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Legal Defense in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan.

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Michigan Divorce Rules

In a divorce, there are rules that need to be followed. The divorce process requires a lot of work and precision, in this blog we will be going over certain local and state rules that surround divorces in Michigan.

Rules

When you hire your attorney they will know all the rules about a divorce, but it is still important to inform yourself on these kinds of cases so you know what is happening in your divorce. The first advice from Goldman and Associates is that if you are involved in litigation you’re going to need a lawyer. Litigation is the process of taking any legal actions which include a divorce. You need to listen to your lawyer’s advice and work with a professional who knows what they are doing. If you have a lawyer that doesn’t have any advice or offers poor results find a better one.

The second piece of advice is don’t do things on your own. If you don’t fully understand the law, doing your own divoce may lead you to trouble. If you say or do something out of line, the court may use that against you. Having a lawyer that is knowledgeable will lead you down the right path. Your lawyer is not your enemy, you hire a lawyer to get the help you need

The next rule of a divorce is to be careful what you post on social media. Reckless social media posts will likely be used against in family court. Furthermore, angry, aggressive, and disrespectful statements are likely to make the whole situation worse, and the relative anonymity of social media tends to exacerbate reckless social behavior. It is also important to exercise such caution for the sake of your children. Excessive or reckless posting about the family situation or your children could very easily undermine their privacy.

The last rule when it comes to Michigan divorces is to not bad mouth your ex. Your lawyer will tell you the same thing, if the judge hears you being rude or bad mouthing that will not help in your favor. If you want the results you desire then you need to be respectful and listen to your lawyer. Be specific and professional, the judge doesn’t want to hear the drama.

Conclusion

For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan.

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Michigan Divorce Q and A

A divorce is the legal dissolution of a marriage by a court or other competent body. In order to be able to obtain a divorce, you must meet all of the prerequisites in terms of residency before you can even file for divorce. However, just meeting the requirements to file for divorce is not enough. In order to successfully obtain a divorce in Michigan, you must convince a judge in a family court that your marital relationship has broken down beyond repair and that there is no chance of reconciling. Some judges will be satisfied with a simple yes or no answer to this question from the parties involved. There are many elements to a divorce and that creates questions. In this blog, we will be going over common questions asked about divorce.

Do you need to tell your spouse you want a divorce?

An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce. The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred. It is in your best interest to try to get an uncontested divorce so talking with the other party may benefit you.

If my spouse has served me with divorce papers, how should I respond?

Technically you don’t have to respond at all. Given that Michigan is a no-fault divorce state, your spouse can see through their divorce from you without any input from you unless you either challenge the divorce or have children. If you wish to challenge the divorce, then you must file an answer which challenges the assertion that the marital relationship has irrevocably broken down.

The complaint from your spouse also contains your spouse’s initial claims in terms of custody, spousal support, and child support. If you agree with their idea to get divorced, but disagree with these claims, then you must file a counterclaim. If you fail to respond, you run the significant risk that the judge will grant all of your spouse’s requests. However, filing a counterclaim may create complications if you decide not to get divorced later.

What if I change my mind?

That depends on the circumstances. If you were the spouse who originally filed for divorce, then you can end the process on your own unless your spouse filed a counterclaim or the process has continued for too long. Otherwise, all you need to do is head to the clerk of the family court and ask for the form to end the divorce process. If you have allowed the divorce process to continue to such an extent that you and your spouse are subject to a motion granted by the court, or if your spouse has filed a counterclaim, then you need the written consent of your spouse to discontinue the divorce process; Otherwise, you risk your spouse getting awarded everything they asked for in their counterclaim because you stopped arguing your side of the case and handed them a victory be the default.

Conclusion

Michigan is a no-fault divorce state. That means that you do not have to show any wrongdoing on the part of your soon-to-be former spouse. Just the basic requirement is all that you need. However, the fault may become relevant if any aspect of the divorce is contested. If there is fault with one of the parties, and the judge decides to consider that fault in the divorce judgement, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody.

Divorces and family law can be challenging and getting the right attorney is half the battle. Get the right information with Goldman and Associates, read more of our blogs and check out our Youtube channel that has over 400 videos relating to everything family law. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

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How Does the Court Decide Custody

There are actually two types of custody that a parent has under the law. The first is legal custody, which is the right of every parent to make major decisions in their child’s life and to be able to visit and have contact with them. Both parents generally retain legal custody even after the divorce is concluded. Usually, the only way you lose it is if you lose your parental rights or the courts make a rare decision to grant sole legal custody to the other parent. The other form of custody is physical custody.

Physical custody is where you actually keep the child in your home, under your roof. The child lives with you. When you change houses, so does the child. This form of custody is usually only given to one of the parents but can sometimes be shared between both. This is the form of custody that ex-spouses sometimes dispute over during a divorce case. In this blog we will be going over how the court decides who gets custody.

Best Interest of the Child

The core rule the court uses when determining custody is the best interest of the child. The interests of the parents themselves are strictly secondary. The court will consider any factor which affects the child’s wellbeing. The court will look at 12 factors of the child’s well-being and from there decide who will get custody. Here are the 12 factors that judges will consider when choosing custody.

Maintaining the relationships of love and affection shared between parent and child. (Courts assume such relationships are highly beneficial to children)
The capability of the parents to provide that love and affection
The ability of the parent to provide necessities such as food, clothing, shelter, and medical care (obvious factor in a child’s well-being)
Maintaining and continuing the stable environment the child has grown up with (including living with siblings)(family courts firmly believe that children need consistency and stability)
The court will try its best to keep the child in their current home. This is why the court almost always gives the family residence to the custodial parent
The moral fitness of either parent (including criminal records or the child knowing that one of the parents had an extramarital affair) (parents set a moral example for their children to follow)
The mental and physical wellbeing of the parents (without discriminating against certain disabilities)
The child’s school, home, and community records
Child’s reasonable preference: if the child is old enough, then the court will conduct an in-person interview, and any reasonable preference will be taken into consideration
The willingness of either parent to facilitate the child’s relationship with the other parent ( Actions taken to shield a child from domestic violence or sexual assault may not be counted against this factor)
Any history of domestic violence

Conclusion

The family court will typically look at which parent spends more time with the children. It will also look at responsibilities such as, buying clothes, buying groceries and preparing meals, ensuring proper healthcare, facilitating social activities, and participating in extracurricular activities and other things. Child custody is a very serious topic and is something that needs to be handled with diligence and results. Goldman and Associates is here to provide you with all the legal services you need.

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Legal Defenses in Michigan

In this blog we will be going over the many types of defense that can be used in the court of law. Defenses are the most useful and important tool in avoiding criminal penalties. Most defenses must be raised by either you (the defendant), or your attorney. Neither the judge, nor the prosecutor will do it for you.

Legal Defenses in Michigan

Self Defense

Self Defense is the defense of one’s person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime. Normally, when you attack someone with lethal or nonlethal force, you are committing a crime. However, if they attacked you first then the defense of “self-defense” can protect you from criminal liability. There are a number of laws that govern when and how you are legally allowed to use force to defend yourself. Usually you are only permitted to use the level of force (lethal or nonlethal) that is being used against you. If you intentionally kill another person without being in reasonable fear of death or bodily injury, you are guilty of murder. Imperfect self-defense is usually second degree murder.

Due to the fact that you are in reasonable fear of death or bodily harm, you cannot be charged with murder. However, use of excessive force or gross negligence can result in being charged with involuntary manslaughter.

Does Michigan have a stand your ground law? What is standing your ground?

Normally, you have a duty to retreat when confronted by an assailant. When possible you must attempt to flee if possible rather than use force in self-defense when you have such a duty. Under the “Castle doctrine”, there is no duty to retreat when you are attacked in your own home. The Castle doctrine applies to any residence, even if you do not own it.

A “Stand your ground” law extends the castle doctrine to any place you are legally allowed to be and largely eliminates the duty to retreat. Whether in your home or out in the world, the rules governing the use of deadly force are the same. Lethal force may only be used if you reasonably believe that doing so is necessary to prevent imminent death, severe bodily harm, or sexual assault. Imminent means in that moment. Someone threatening to hurt or kill you tomorrow is not imminent and does not justify killing that person.
Can I employ force in self-defense in order to resist an unlawful arrest?

Yes, you can. Any improper arrest may be resisted with nonlethal force. Resisting arrest with lethal force is only justified if you did not know that the person arresting you was a police officer.

What is duress?

The defense of duress is raised when the perpetrator commits a crime because they have been threatened or coerced by another person into doing so. This defense is only valid if a reasonable person would have believed that there was a threat of imminent death or severe bodily harm. Threats to property do not give rise to a duress defense. Duress is an effective defense against any criminal charge except for intentional homicide. This makes sense because the law does not want to allow you to sacrifice another innocent person’s life to save your own. A crime is only justified to prevent even worse harm.

Conclusion

Ignorance of the law is never an excuse; all citizens are presumed to know the contents of the federal and state criminal code. However, if reliance on the mistaken advice of an attorney would undermine the necessary mental state for a crime, then it can be used to cast reasonable doubt on the prosecution’s case. There are, however, some exceptions to this rule. If the statute being used was never published or otherwise made available to the public before the crime occurred, then lack of knowledge of that law is a defense. The same goes for reasonable reliance on a statute/judicial interpretation.

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Writing and Executing a Will

In this blog, we will be going over what probate is in Michigan and what you need to know about writing a will. Probate typically refers to the process of executing the estate of someone who is deceased. It might involve a will, it might also involve determining what happens if someone dies intestate, or without a will. However, modern probate courts do sometimes handle matters that do not involve a decedent. Trusts established by a settler and the guardianship of dependent adults are also probate matters. Furthermore, not all estates require using a probate court. In fact, people often utilize particular legal instruments for the sole purpose of avoiding the inconvenience and expense of the probate process

Should I write a will?

Although it is conventionally considered to be prudent to write a will containing one’s dying wishes, this question cannot be answered so simply. A proper answer requires a basic understanding of how wills work, what happens if there is no will and the rules and limitations about when wills are enforceable or unenforceable.

It takes at least a modest amount of time, effort, and possibly attorney’s fees to have a proper will written. If the expected outcome of dying intestate (without a will) is acceptable, then there is no reason to write one. Furthermore, a written will must still be processed by a probate court, especially if conflicts arise. There are multiple instruments which perform the same function which function outside of the probate system. The best thing to do when it comes to writing a will is to talk to an attorney so you really get the most out of the will.

What is a will?

Will is shorthand for “last will and testament.” It is an official and legally recognized expression of a decedent’s dying desires with respect to certain rights they possessed. This is an exercise of their common law “freedom of testation.” In other words, you have the legal right to exercise property rights (among other rights and privileges) after your death so long as you do so in compliance with the relevant probate laws of your state.

Wills are typically used to determine what will happen with the decedent’s property and may also be used to determine what happens with any minor children (a final exercise of parental rights). The person who writes a will to express his or her dying wishes is known as the “testator” of that will.

State probate codes place certain requirements that have to be met in order for a will to be legitimate and enforceable. These requirements are designed to ensure the authenticity of a will. Under Michigan law you must be at least 18 years old to write a will. Writing a legally binding will is a serious act which must be done by someone with the capacity and competency to make decisions.

A valid will in Michigan typically requires the legal signature of the testator as well as the signatures of at least two witnesses who are also competent adults. These witnesses must have directly witnessed either the testator signing the will or otherwise acknowledging either the signature or the will itself. It should be noted that Michigan allows for “Holographic Wills,” which means that there are no witnesses. So long as the will is in writing, dated, and signed by the testator, courts will uphold the validity.

Can I have an oral will? Or a video will?

No, you may not. Michigan does not recognize oral wills. Wills must be in writing. If you wish to record yourself reading a valid, written will then you may do so. However, that recording cannot be submitted as the will itself.

How will the Court read and interpret my will?

The court will begin by asking the parties presenting the will to “prove” the will. This generally involves bringing the witnesses before the court to testify that they were proper witnesses to the will. Alternatively, the witnesses could file affidavits with the court to accomplish the same thing. However, both of these methods are rather cumbersome and inconvenient in today’s society.

Even if the will satisfies all of the aforementioned requirements, the process is far from over. Written language is not always clear, and the meaning of essential clauses might be ambiguous. Another issue that frequently pops up is multi-page wills and the manner they are presented. How does a court decide what pieces of paper are part of the will, and which ones are not? Typically, if they are fastened together and have labeled page and or line numbers, then a court will likely infer that they are part of the same document.

Sometimes, Testators like to incorporate documents that existed prior to the writing of the will. It might say something like “the things listed on this memo are my gift to Jane Crocker.” In that scenario, the court is also likely to incorporate that into the will.

To avoid getting too deep into the legal jargon, the court recognizes two distinct categories of ambiguity. These are “patent” and “latent” ambiguities. “Patent” can be understood as something which is obvious to anyone reading it. For example, there are four beneficiaries, and each has received “one fifth” of the estate. What happens to the remaining fifth? Did they forget to mention the fifth person? In that case, the court will likely do nothing to correct the error and place the remaining fifth into intestacy. “Latent” ambiguities arise indirectly from context in otherwise clear language.

If John Deere is mentioned, but it turns out the decedent is related to three John Deere’s, who is he talking about? It is only in this situation that the court would allow outside evidence in order to show that there is ambiguity as well as to resolve that ambiguity. If trying to interpret the ambiguous language fails to resolve the issue, the court will resort to customary rules and assumptions to craft a solution.

Conclusion

Probate comes into play when someone passes away and there is a will involved, you will need an attorney should an interested party contest a will, or where an objection may be made regarding a personal representative for the estate. There are a number of matters that may be initiated in probate courts across Michigan. The particular jurisdiction will dictate what matters come before its probate court. Most of these matters will require an experienced attorney should any interested party object.

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