Author Archives: Jay Butchko
New Year’s Pledge: Avoiding Intestacy and the Probate Courts
Like diet and exercise, estate planning is often at the top of New Year’s Resolutions. Just as the diet fades by St. Patrick’s day, and trips to the gym stop with the onset of warmer weather, estate planning never seems to get planned. This is not good because, in some cases, it can lead… Read More »
Divorce and Frozen Embryos
Couples facing divorce equitably divide their marital estate and apportion their marital debts. If they have minor children, custody and parenting issues are resolved. Ever since frozen embryo and cryopreservation technology achieved viability in the early-1980s, divorces and break-ups are occasionally complicated by the disposition of frozen eggs and embryos. Here is a link… Read More »
Aretha Franklin’s Oakland County Probate Litigation
Did Aretha Franklin Die Intestate? When Aretha Franklin died on August 16, 2018, she left behind four adult sons, grandchildren, nieces and nephews. At the time of her death, she apparently had no will or estate plan; this is known as dying intestate. In fact, a decedent’s estate petition was filed just four days… Read More »
Conservatorships for the Rich and Famous
Conservator – (noun) one that preserves from injury or violation: protector. In a probate court, a conservator wields significant power over the money of a protected individual. This post explores the infamous conservatorship over the ultra-bankable pop-superstar Britany Spears. Perhaps because of her well-documented antics as a young superstar 17-years ago, Ms. Spears has… Read More »
Probation and Medical Marijuana
Over the past decade, standing next to clients at their sentencing hearings, I’ve heard many a judge warn defendants that using medical marijuana during probation would land them in jail on a violation. Such warnings came regardless of whether the defendant held a valid medical marijuana registration card. Until now, some judges would allow… Read More »
Declining Asset Values in the Divorce Process during the COVID-19 Pandemic
By Timothy P. Flynn Over a Century ago, the Spanish Flu pandemic swept across the world claiming more than 50 million lives, well over a half-million here in the United States. Now, we are all struggling with COVID-19; truly unprecedented in our lifetimes. The purpose of this post is to inform our readers and… Read More »
The COVID-19 Pandemic, Divorce and Family Court Issues
By Timothy P. Flynn It has been over a Century since a global pandemic wreaked as much havoc on humanity as COVID-19; truly unprecedented in our lifetimes. The purpose of this post is to inform our readers and clients about the intersection between COVID-19 and divorce, child custody, support, and parenting issues popping-up now… Read More »
Estate Planning During the COVID-19 Pandemic
H.P. Lovecraft, the popular horror fiction writer, once wrote, “[t]he oldest and strongest emotion of mankind is fear, and that oldest and strongest kind of fear is fear of the unknown.” The recent outbreak of COVID-19 has forced us to confront our innate fear of mortality, head on. What, with Dr. Anthony Fauci, the… Read More »
Transgender Child Custody Battle
Practicing family law for decades, we have seen some epic child custody battles here at Clarkston Legal. Right now, there is one such custody battle raging through the courts of Texas. This custody battle is unique because it involves a transgender child and parents with diametrically opposed views on their child’s gender. Jeffrey Younger… Read More »
Breaking Down Larceny Charges in Oakland County
Most of the Wolverine State’s theft and larceny laws are found in Section 750.356 of the Michigan Code. Property is one of the three fundamental rights which English thinker John Locke said that all people have. The other two are life and liberty. Since Locke greatly influenced the writers of the Declaration of Independence,… Read More »
