Posts

Probate/Estate Planning

On 4 April 2013, in Rottenberg v. Lipsitz, the Michigan Court of Appeals held that the trust beneficiary could invoke the probate court’s jurisdiction, but could not claim the right to demand repayment of loans made by his father. The trustee, not…
Categories: Blog

Transfer of Real Property from Trust to Trust

In Mancuso Family Trust v. City of Charlevoix, the Michigan Court of Appeals held that a transfer of property from one trust to another trust constitutes an uncapping event, even if both trusts have the same trustees. The exception for commonly contr…
Categories: Blog

403(B) Rollover Into IRA Upon Retirement

In Magen v. Department of Treasury, the Michigan Court of Appeals held that the Michigan Department of Treasury cannot tax the principal balance of a 403(b) retirement account when it is transferred to an IRA upon retirement or even when it is later…
Categories: Blog

Real Estate and Property Taxes

On 12 February 2013, the Michigan Court of Appeals decided the case of Pontiac Country Club v. Township of Waterford, which dealt with the various approaches to determine the true cash value of real property. The court noted that although the Michiga…
Categories: Blog

Michigan Medical Marijuana Act (MMMA)

On 8 February 2013, the Michigan Supreme Court held that a business facilitating patient-to-patient sales of marijuana violates the Michigan Medical Marihuana Act. As a result, the business in State of Michigan v. McQueen was properly enjoined as a p…
Categories: Blog, Criminal Law

Mortgages and Probate Fees

Effective 28 March 2013, the amount of indebtedness of real property included in a decedent’s estate (i.e., a mortgage balance) will be deducted from the value of the real property when calculating the probate court’s estate administration fee. T…

Kelsey's Law

On January 8, 2013, the Michigan Legislature enacted “Kelsey’s Law,” which becomes effective on March 28, 2013. Kelsey’s Law makes it illegal for a driver with a level 1 or 2 graduated driver’s license to use a cell phone while driving, unl…
Categories: Blog, Criminal Law

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