Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility
In Hegadorn v Dep’t of Human Services Director, the SCT reversed and remanded the MI COA decision that said SBO trust assets are automatically countable for Medicaid eligibility.
Probate Court Didn’t Use Proper Legal Standard When Appointing Guardian
Unless the Probate Court finds that an elderly woman’s son cannot provide for her care, custody and control, the son should be appointed her permanent guardian.
Unambiguous Contracts Prevail Over Spousal Support Guidelines
The Court of Appeals found that the parties’ unambiguous consent judgment of divorce demonstrated their intent to only modify spousal support.
Child Custody Act Misinterpreted, Father’s Change Of Domicile Motion Wrongly Denied
The trial court committed “clear legal error” by considering whether the children’s mother would be able to maintain her existing parenting-time schedule if the children moved to IN.
Motion To Change Domicile Vacated Because Established Custodial Environment Not Considered
The trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment.
Mother’s Motion To Relocate Child To Pakistan Was Properly Denied
A trial court correctly rejected a mother’s motion to change the domicile of the parties’ minor child to Pakistan because Pakistan is not a party to the Hague Convention.
MRPC 1.5(e) Does Not Require Referring Attorneys to Have an Attorney-Client Relationship to Earn Referral Fees, According to the Michigan Court of Appeals
When law firms enter into referral agreements, the client must be advised of & not object to the division of fees, but the client need not have an attorney-client relationship with the referring firm.
Trial Court Wrongly Refused Additional Evidence, New Custody Hearing Required
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development.
Trial Court Did Not Address Relative Placement: Termination of Parental Rights Vacated
The termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative.
Michigan Supreme Court to Decide Whether to Include Non-Mandatory Reporters of Child Abuse in Statutory Scheme of Criminal Penalties for Making a False Report
The COA held that the defendant was neither a mandatory reporter of child abuse nor did she make the report of child abuse herself, she was still criminally liable for the false report.
Appeals Court Tosses Claims Filed By Attorney Who Represented Moms In Child-Protective Cases
A trial court properly dismissed defamation and tortious interference claims brought by an attorney who had represented indigent mothers in child-protective proceedings.
Trial Court Did Not Have Jurisdiction: Termination of Parental Rights Vacated
A trial court erred by exercising jurisdiction over a juvenile, therefore, the order terminating the respondent-father’s parental rights to the child had to be vacated.
Unknown Father’s Rights Terminated: MSC Vacates Decision, Remands Matter For Specific Answers
The Michigan SCT vacated a COA decision that terminated an unknown biological father’s parental rights, and remanded the case to the trial court for further determinations.
Supreme Court Rules Excessive Fines Clause of the 8th Amendment Applies to the States
A civil forfeiture action is an in rem action. Modern day civil asset forfeiture has grown far beyond anything the 16th and 17th century law makers could have imagined.
Court Of Appeals Dismisses Appeal, Cautions Parties Against Procedural “Gamesmanship”
The COA held that the stipulated order from which the plaintiff appealed did not qualify as a “final order” and, therefore, the Court did not have jurisdiction over the matter.
Failure to Disclose Possible Personal Injury Claim in Previous Bankruptcy Action Results in Dismissal of the Personal Injury Suit
Because of a failure to disclose a possible personal injury claim in a pending bankruptcy action, the defendants’ motion for summary disposition.