Thursday, February 15, 2024

What is a Friend of the Court?


divorce Ann Arbor

Most cases involving minor children are referred to Friend of the Court, an agency which assists the court by consulting and enforcing cases involving custody, parenting time, and (spousal and child) support disputes. The Friend of the Court will assist the parties in coming to a mutual agreement that’s beneficial to both, with a focus on the best interests of the minor children.  Friend of the Court offers many services, including mediation, support enforcement, assistance with review hearings, show cause hearings and more. If both parties agree, they can “opt out” of Friend of the Court services, which means that they won’t be able to utilize the services or enforcement powers the Friend of the Court offers. 

Child support is then determined by the custody determination as well as each party’s financial status and ability to provide for the minor child(ren). 

Learn more about getting a divorce in Michigan with children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arborcontact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Thursday, February 1, 2024

What You Need to Know About Divorces with Minor Children in Michigan

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Unlike a divorce without minor children, when minor children are involved there’s a minimum waiting period of 6 months before the Court will grant a divorce. During the divorce process, you’ll settle issues regarding spousal support, property division, and division of marital debt, as well as custody issues and child support regarding the minor child(ren).  There are two types of custody: physical and legal.  Physical custody determines who the children reside with, while legal custody grants the rights to make important decisions regarding the child(ren), including medical, educational and religious decisions.  Both custody matters can be granted to one parent (sole custody) or shared between both parents (joint custody).  

Learn more about getting a divorce in Michigan with children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arborcontact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Monday, January 15, 2024

Common Scenarios for Transferring Vehicle Ownership for Descendents

estate planning attorney Ann Arbor
 Here are common scenarios for transferring vehicles in the State of Michigan: 

  • Joint title. If a person shares the title with the deceased and the title reads says that the full rights of the vehicle go to the survivor, then the process is relatively simple. The vehicle transfers to the other person on the title. In this situation, the person only needs to present the title and a copy of the death certificate. This applies even if the estate of the deceased is in probate.
  • Transfer on Death. As part of your estate planning, your attorney can create a “Transfer on Death” or “TOD”.  This is a document that you sign transferring the vehicle to another individual under MCL 700.6101 upon your death.  This can be taken to the Secretary of State to complete the transfer.  

Learn more about the transfer of vehicle ownership after someone passes here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about estate planning in Ann Arbor, contact us today! Estate planning attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

 

Monday, January 1, 2024

Transfer of Vehicle Ownership for Descendent in Michigan

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The death of a spouse, parent, or friend invokes the depository provisions in one’s estate planning documents.  While the process to transfer tangible personal items can be simple, transferring an asset with a title can be more complex.  

Here are common scenarios for transferring vehicles in the State of Michigan: 

  • Spouse. If the deceased is survived by a spouse, the spouse is the next of kin who will receive the vehicle. First, the spouse must complete a form to transfer the vehicle. This form also applies if the vehicle will be transferred to another immediate family member. After the transfer, the license plate may remain on the vehicle.  There’s no transfer tax between spouses. 
  • Siblings. If the deceased has no surviving spouse, surviving brothers and sisters are the next closest kin in line to receive the vehicle. All siblings share equal inheritance of the vehicle. Siblings who don’t want the vehicle may complete a certification statement saying so. The next-of-kin has the option of adding a co-owner when the vehicle is titled. But if that co-owner is not an immediate family member or isn’t the spouse of the family member who is inheriting the vehicle, that co-owner must pay use tax.
  • Probate. If the deceased had a will, the deceased personal representative appointed by the probate court assigns the title of the deceased’s vehicle to a spouse or family member. That person must then present the title and a copy of the personal representative’s “Letter of Authority” to a branch office of the Secretary of State, where the vehicle may then by titled in his or her name. The license plate is inherited by the spouse or family member and may remain on the vehicle.

Learn more about the transfer of vehicle ownership after someone passes here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about estate planning in Ann Arborcontact us today! Estate planning attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Friday, December 15, 2023

Chain of Title; Divestment of Interest

Bankruptcy Attorney Ann Arbor

Under the Michigan Marketable Record Title Act, to possess a marketable record title to an interest in land, a person must have held an unbroken chain of title of record for 20 years for mineral interests and 40 years for other interests. The marketable record title is subject only to claims to that interest and defects of title that are not extinguished or barred by application of the Act, as well as any interests and defects in records forming the chain of record title that are recorded during the 20-year period for mineral interests or the 40-year period for other interests. Unbroken chain of title exists if either:

-       A conveyance or other title transaction not less than 20 years in the past for mineral interests and 40 years for other interests, that purports to create the interest in that person, with nothing appearing of record purporting to divest that person of that interest.

-       A conveyance or other title transaction within the past 20 years for mineral interests and 40 years for other interests, that purports to create the interest in some other person and other conveyances of title transactions of record by which the purported interest has become vested in the person considered to have an unbroken chain of title, with nothing appearing of record purporting to divest the person of the interest. 

 

Learn more about the Michigan Marketable Record Title Act here.


Get Started Today: Schedule Your Consultation!


If you would like to learn more about the Michigan Marketable Record Title Actcontact a bankruptcy attorney in Ann Arbor today! Our bankruptcy attorney at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Friday, December 1, 2023

What is the Michigan Marketable Record Title Act?

Bankruptcy Attorney Ann Arbor

Like many States, Michigan has implemented the Marketable Record Title Act (MRTA), MCL 565.101 et seq., with the goal of determining ownership interests in land by limiting the number of years during which claims like liens or land use restrictions may be asserted. This means that if an interest in land is not asserted during a specified period of time, it will be lost or extinguished by law. The Marketable Record Title Act (MRTA), Public Act 572 of 2018 amended Public Act 200 of 1945, and it applies to and defines a marketable record title to interests in land. Under the Act, these interests appear to include:
 

-       Building and Use Restrictions created in deeds, plats, condominium master deeds, and other recorded documents, including all amendments.

-       Easements that have not been improved or visibly used.

 

Learn more about the Michigan Marketable Record Title Act here.


Get Started Today: Schedule Your Consultation!


If you would like to learn more about the Michigan Marketable Record Title Actcontact a bankruptcy attorney in Ann Arbor today! Our bankruptcy attorney at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Wednesday, November 15, 2023

How Long Does a Divorce Take in Michigan?

Divorce Ann Arbor

There’s a minimum waiting period of 60 days before the Court will grant a divorce. During the divorce process you’ll settle issues regarding spousal support (formerly known as alimony), property division (i.e., the marital home) and division of marital debt (i.e., credit cards, loans, etc.).  Many factors will be considered by the Court, including length of marriage, current living situation, income of both parties, standard of living during the marriage, each party’s contribution to the marital estate and more.  

Learn more about getting a divorce in Michigan without children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arborcontact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.