Estate Planning
“What does it mean when they say that an estate needs to “go through probate?”
The probate system is a method whereby the Probate Court oversees the transfer of property from the dead to the living. This frequently means that a judge will appoint your personal representative and that judge will require frequent updates and reports with regard to the inventory of the estate and the progress being made in wrapping it up.
“I have a will. Does this mean that I am all set?”
Not really. Having a Will is a great first step, but it does not now guarantee that everything will occur as you plan. A will allows a transfer of belongings at death but does not allow you to avoid the probate courts, death taxes, or allow you to exercise control over how your beneficiaries use the money. Further planning is needed to do these things.
Family Law
“How long does it take to get a divorce in Michigan?”
A divorce with minor children involves a mandatory 6 month “reconciliation” period to allow both parties time to adjust to their own living arrangements. A divorce without children involves a mandatory 2 month “reconciliation” period. It is possible that any divorce can last longer than the statutory minimums depending on which issues are contested.
“My credit was not good when we bought our house so we put it in my spouse’s name only… Will my spouse get to keep the house?”
In Michigan, ALL property that was acquired during the marriage is subject to equitable division. This includes property titled solely in the name of only one spouse.
“I am unemployed or my spouse makes more money than me. Will my spouse automatically get the children in a divorce?”
Absolutely not! There are many factors that the court will consider in deciding what is in the “best interests of the child/ren. Among these are parental involvement, criminal histories, home and school environment, and many others.
Criminal Law
“I don’t understand why I’m being charged with these misdemeanors or felonies or what penalties I might face.”
There is a huge variety of possible penalties for charges under Michigan law. In order to fully understand your situation you will need an experienced attorney that you can depend on. This can mean the difference in minimizing the charges on your record and the penalties you face.
“I received a ticket for drinking and driving, do I need a lawyer?”
Yes! You should never risk your future by assuming that nothing bad will happen to you if you simply admit that you were at fault. Just as you *probably* would not try to repair your own television without professional help.
“My spouse and I had a fight and the police were called…what should I do next?”
The important thing to do here is stay calm and “Do not talk to the police!” Many times, even if they have done nothing wrong, charges may be issued because people try to explain the situation to police and prosecutors…and do so poorly.
