[Video] How A Domestic Violence Charge Affects Child Custody Arrangements In Michigan

Many times either during a marriage or even if there is no marriage, parties end up fighting over custody arrangements. This leads the court to determine what is in the best interests of the children. One of the factors that the court looks into when determining proper custody arrangements is domestic violence. You have to be mindful that one party may try to bait you into a potential domestic violence situation so that the other person could have a stronger position in the custody battle.

The thresholds for charging an individual with domestic violence are much lower than one might think. On the other hand, if you are a person who is routinely subject to violence in the household, then you need to let the authorities know about this. You must do this because you should not only need to protect yourself, but also need to protect the children because this could become a very important factor in determining the outcome for custody.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Child Protective Services in Michigan or any legal matter.

[Video] What Should I Do If The Other Parent Is Abusing The Child?

If you think that the other parent is abusing your child, you have to remember that this needs to be handled very carefully. Everyone has a different definition of abuse, but if you believe your child has been a victim of physical abuse, then you need to go before a judge and limit the parenting time. In order to do this, then the court will need to be persuaded that the allegation has merit.

You may want to take your child to the doctor to see if there are any signs of abuse. If the doctor believes that there has been physical abuse, then appropriate legal measures should be taken. This can be extremely complicated and you should have an experienced attorney who is familiar with these types of cases.

[Video] Should I Move Out Of The House During My Divorce In Michigan?

In the state of Michigan, departure from the marital home doesn’t necessarily mean you’ve abandoned the home you don’t get your share. The marital home is a valued asset and will have a number that will be half for both the mother and father. Moving out of the house as it relates to custody means if you are moving out and taking the children with you, it can show you are removing the children from an unhealthy environment and will not hurt your custody claim.

On the other hand, if you intend to allege that you want custody but leave your children in the house that is unhealthy will create a credibility problem for you down the road. If there is an issue of domestic violence, then you should leave and should also involve the police.

[Video] Can A Parent Kidnap Their Own Child In Michigan?

A common question that often comes up has to deal with whether or not a parent can be guilty of actually kidnapping their own child. Parental kidnapping can come about as a result of violating a court order that specifies which days the child should be with a certain parent. Warrants can be issued for your arrest, you can be guilty of federal & state charges involving kidnapping even though it is your child. You have to be certain that you aren’t violating any particular order from the court.

[Video] What You Need To Know About CPS Cases In Michigan

CPS can be a double-edged sword. The problem that you have deals with the interface between CPS and your divorce & custody case. When CPS becomes involved, now it involves you, the opposing party and a CPS representative. This means your case now involves a third party and if you’re waiting in a hearing and CPS isn’t there yet, you are stuck paying your attorney by the hour because you’re simply waiting on them.

A lot of times the court will require routine reviews every 90 days. These cases can have a longer lifespan compared to other cases. If you go into court and say that you need custody because your child is being neglected or abused by the other parent, you will be asked if you called CPS. If you are going to make an abuse or neglect case, then the court will expect CPS to become involved.

Michigan Estate Planning Law

Wills, trusts, and estates refer to different legal concepts relating to the ownership of property. A will is a legal document by which a person names another to manage his or her estate and provide for the distribution of property at death. A trust is a legal relationship whereby property is held by one party for the benefit of another. Finally, an estate refers to the entirety of a person’s property at a given point.

Michigan Estate Planning Law

An expert Michigan estate planning attorney at Goldman & Associates law firm can help you deal with matters that you may have been neglecting for quite some time. It’s very common for our clients to not be aware of everything that they need to get in order to prepare for their future. When you come to our law offices for your initial consultation, we’ll be able to help you learn more about your options pertaining to the following:

Wills & Simple Wills
Michigan Probate Law
Durable Power of Attorney
Estate Planning With Living Trusts
Financial Concerns

Michigan provides that property not accounted for in a will is subject to the laws of intestate succession at the time of a person’s death. This means that property not covered by a will automatically goes to a deceased person’s closest relatives. Similarly, Michigan also enables the creation of ‘living trusts,’ which enable a person to hold title to property for the benefit of another person during both of their lifetimes. This is different from a will in that the property is held in the present, rather than promised in the future.

Goldman and Associates Law Firm is here to provide you with information about Probate in The State of Michigan. Goldman and Associates has years of experience and knowledge on High Assets Divorces in Michigan. Contact us today if you have any questions regarding Probate in the State of Michigan.

Will and Trust in Michigan

The decision to draw up a will before tragedy strikes is one of the smartest and most protective decisions you can make for your family. Wills often avoid tedious and long lasting drawbacks after passing and allow for an easier transition for your family during this difficult time. At Goldman & Associates, we understand the importance of providing security and safety for your family, and our experienced team of Michigan lawyers are here to aid you through the will process with expert advice and ease.

Will and Trust in Michigan

To begin, a will is a document that contains instructions for the division of your assets at the time of your passing. Depending on the simplicity or complexity of the will, distribution of property and assets can become a confusing matter. The need to have an experienced lawyer take part in writing your will is a must. At Goldman & Associates, our team of legal professionals have years of knowledge in this subject.

The difference between a basic will and simple will is in the name—simplicity. Simple wills are geared toward those who do not have a need for extreme asset division or complex financial issues. In short, a simple will names a person who will:

Name a person to represent your estate
Establish your beneficiaries
Name guardians to minor children

At Goldman & Associates, we have skilled professionals ready to ease you into the process of drafting an appropriate and adequate will for your loved ones. In the past, we’ve assisted our clients with the following: Writing of a will, Possibility of future children, Forgiven debts, Owed debt, Funeral arrangements, Beneficiaries’ appointment, Property and asset division.

[Video] Probate Process In Michigan

If you have recently lost a loved one, probating an estate is probably the last thing on your mind. However, at some point, this is an issue that will have to be addressed, and it is usually on the decedent’s family members to handle these affairs somewhere down the road. If the deceased passed on with a small estate, you are probably wondering whether it makes sense to hire an attorney to help you out when the value of the estate is so low.

I would always recommend hiring an attorney to make sure your legal issues are handled correctly so as to avoid additional hardship later on. But in the event that this is not an option, and the estate is small, here are some tips on what to do with a small estate.

Probate Process In Michigan

In Michigan, a small estate, in the year 2013 (the value of a small estate changes from year to year), is an estate with a total value of $21,000 or less. To probate this estate, a Petition, Order for Assignment, death certificate and receipt for the funeral expenses must be filed with the Probate Court. Once the value of the estate is approved by the court, the surviving spouse is entitled to the remainder of the estate (once funeral expenses are paid off in full). If there is no surviving spouse, the decedent’s heirs (usually children or grandchildren) would take the remainder of the estate in equal shares.

It is important to note that creditors must be paid by those who are entitled to the estate in an amount that is no greater than the value of the estate within sixty-three days after a judge’s order. There is a filing fee of $25 to open a small estate, and an inventory fee must also be paid. It is often helpful to Google the Probate Court with jurisdiction in your situation. The court’s website typically provides the documents needed to open a small estate, and may also provide a step-by-step procedural analysis.

[Video] Probate Proceedings

When probating an estate, most estates will be unsupervised. Only in limited circumstances will supervised administration be appropriate (such as if the will directs it or the court orders it to protect interested persons). Opening an estate can seem complex for those who have little experience in probate court. Therefore, it is often helpful to hire an attorney for help. What follows is a brief description of unsupervised administration of an estate in Michigan

Opening an estate in Michigan requires an application or petition to probate a will in the probate court for the county in which the decedent was domiciled in Michigan. If the decedent was not domiciled in Michigan, then the appropriate probate court to file in would be the county in which the decedent’s property was at the time of death. In the application or petition to probate a will, all interested persons to the estate must be notified.

So, this includes devisees, heirs, trustees, the nominated personal representative, etc. If no personal representative is identified in the decedent’s will, there is an order of priority for those who may act in such a capacity. If no one is available to act, the court will appoint someone. Unsupervised administration may be accomplished through either formal or informal proceedings.

Informal Proceedings

In informal proceedings, notice is not provided to interested persons of the estate. Because interested persons are not provided with notice, a will may be challenged at any time thereafter – there is no statute of limitations. Amongst the documents that are required to open an estate in this manner (in addition to the application) are a copy of the will, a death certificate and sworn testimony identifying the heirs and devisees (people to whom the decedent left property). Once the application is filed, a register must review and approve the application.

Formal Proceedings

Again, the main difference between informal proceedings and formal proceedings is that in formal proceedings, notice must be provided to interested persons. Again, the death certificate, will and sworn testimony must be attached to the petition when submitted to the court. The petition and a notice of hearing must be served upon all interested persons. The hearing is set up so that interested persons have an opportunity to challenge the validity of the will in addition to any other issues that may arise.

[Video] Welcome To Goldman & Associates Law Firm

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. In addition to drafting wills, our attorneys are experienced and can help with some of the following matters

Initiating Estate Proceedings

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. Attorneys can help identify the true intent of a decedent, and whether the decedent was of sound mind when a will was created. They can also investigate and develop arguments on whether one is fit to act as personal representative of an estate, and to keep personal representatives in check should they breach their fiduciary duties.

Trust Proceedings

An attorney can help you draft a trust, determine the trust’s intent and whether the trust’s purpose continues to be feasible, who the intended beneficiaries are, or whether the trustee has breached fiduciary duties owed to the trust and its beneficiaries.

Guardianship and Conservatorship

Attorneys can draft these documents, and are skilled at developing arguments on whether these tools are appropriate, and if so, to what degree. Whenever one person has been given the control to dictate another person’s life, an attorney should be there to see to it that an incapacitated individual’s rights and best interests are accounted for.