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Clarkston Law Blog

Timothy P. Flynn

Digital Domestic Abuse and Car Apps

With the expansion of the "Internet of Things", car apps have been weaponized by digital domestic abusers. Car apps are another tool that creates the impression for the victim that they are not even in control of their own vehicle.

Clarkston Legal

New Uniform Power of Attorney Act Signed Into Law for Estate Planning Michiganders

Michigan has now adopted the Uniform Power of Attorney Act. This allows a principal to designate an agent, a power of attorney, to handle their financial transactions.

Clarkston Legal

SCOTUS Hears Argument on Domestic Violence Gun Ban

SCOTUS hears oral arguments on domestic violence gun ban legislation. Should a person be disqualified to possess a firearm if they are the subject of a domestic violence protective order.

Timothy P. Flynn

Michigan Takes Another Look at Assisted Reproduction

The only state to outlaw surrogacy agreements, Michigan's legislature is considering a raft of intriquing new legislation to update surrogacy laws in our state.

Timothy P. Flynn

Family Court Judge Murdered Over Custody Decision

Family court judges are faced with making tough decisions every day. Because they take jurisdiction over litigants' children, they are exposed to ridicule, harm, even death. This post examines a case involving the murder of a judge at the hands of a litigant who lost custody of his children

Timothy P. Flynn

Personal Injury Settlements and Divorce

When a party to a divorce has a pending personal injury settlement, the proceeds can be treated as marital property subject to division. Divorce litigants must take care to properly structure their injury settlement.

Clarkston Legal

Child Custody Battles of the Rich and Famous

Family court judges often decide the custody disputes of unwed couples. When the couple is famous, the custody decision gets a lot of attention. Exhibit A: Elon Musk's three children with Claire Boucher.

Timothy P. Flynn

Enforcing the Divorce Property Settlement Via Receivership

Former President Trump's damages trial in the New York civil fraud case has put the enforcement tool of receiverships in the daily lexicon. As Trump's damages trial gets cranked up this week, we examine the use of this tool in the family court context to enforce a divorce property settlement.

Clarkston Legal

Second Amendment Domestic Violence Case Awash with Amicus Briefs

With the ubiquity of guns in the United States, are domestic violence offenders disqualified from exercising their right to bear arms pursuant to the Second Amendment? The SCOTUS will decide this question during its current term; the case has garnered much attention across the nation.

Timothy P. Flynn

Avoiding High-Conflict Divorce

Divorces are stressful but a high-conflict divorce can be torturous and brutally expensive. This post explores techniques to keep the temperature down in your divorce proceeding.

Clarkston Legal

Blind Side NFL Veteran Seeks to Terminate his Conservatorship

Retired Superbowl-winning right tackle featured in the movie Blind Side seeks to terminate a conservatorship he claims he did not know existed. When are conservatorships appropriate?

Clarkston Legal

Equitable-Parent Doctrine Extended to Same-Sex Couples

The Michigan Supreme Court expanded the equitable-parent doctrine to include the non-biological parent of a same-sex couple. Is such an expansion justified?

Timothy P. Flynn

Jury Validates Queen of Soul's Holographic Will

Aretha Franklin's decedent estate will contest was decided by a jury in the Oakland County Probate Court this week. Good example of the importance of solid estate planning.

Timothy P. Flynn

Domestic Assault and the Right to Bear Arms

The SCOTUS has agreed to take a look at a case that pits government requlation of firearms against an individual's right to bear arms. Does it matter that the individual in question is under a civil restraining order.

Timothy P. Flynn

Medical Marijuana and Parenting Time

When a parent has a valid medical marijuana certification, a family court cannot condition that parent's parenting time on clean drug screens. We have seen both sides of this coin in the family courts.

Timothy P. Flynn

Medical Marijuana and Parenting Time

When a parent has a valid medical marijuana certification, a family court cannot condition that parent's parenting time on clean drug screens. We have seen both sides of this coin in the family courts.

Timothy P. Flynn

Contemporary Prenuptial Agreements and Divorce

Prenuptial agreements are often thought to protect a wealthy sutor's assets. Given some recent changes in Michigan law, can wealthy individuals truly protect their assets in the event of a long-term marriage.

Timothy P. Flynn

Lawyer Uses Chat GPT at Client's Peril

Lawyers are going to use generative AI large language models in their law practices. Should they be sanctioned when the output the lawyers rely on and submit to a court is inaccurate, fake, or bogus?

Timothy P. Flynn

Leaving Your Estate to Friends Over Family

Most common estate plans leave the decedent's property to family members. This post examines situations where the decedent designates friends or non-family members as heirs.

Timothy P. Flynn

Digital Domestic Violence

Domestic smart devices are becoming more and more ubiquitous in American homes. We now have the ability to control cameras, thermostats, lights, alarms, sound systems, doorbells, garage doors, vehicles, and appliances from our phones. As these smart devices proliferate, there is a growing danger of people losing control over their basic privacy and safety.

Clarkston Legal

New Developments in Aretha Franklin's Decedent Estate

We blogged about the Queen of Soul dying intestate back in March 2021. A new probate court development has brought her voice back from the grave to address her testamentary wishes.

Timothy P. Flynn

The Joint Trust in a Second Marriage

Spouses in a second marriage frequently use joint trusts to convey assets to all of their children. This post examines what can happen after the first spouse passes.

Timothy P. Flynn

Guardianship Reforms and Oversight

Adult guardianships place great powers in the hands of one adult over another. Over the years, some guardianship cases have featured elder abuse leading to a call for significant reform.

Clarkston Legal

Michigan Supreme Court Considers Same-Sex Parenting Case

Michigan Supreme Court considers a case involving the parenting rights of a now-split-up same-sex couple. The case pits the biological mother of the child against her former partner; the two were never married and the child was born prior to the recognition of marital equality in 2012.

Timothy P. Flynn

Financial Elder Abuse via Fake Marriage

This post explores a form of financial elder abuse where the bad actor induces a romantic relationship with an elderly person in order to inherit their estate. Bad actors in elder abuse schemes often go to great lengths to bilk their victim, including getting married to the target.

Clarkston Legal

Co-Parenting With A Narcissist

This post explores strategies available if you are co-parenting with a narcissist.

Timothy P. Flynn

High-Income Child Support Payors

Superstar athletes and other high earners are often obligated to pay high child support. What happens when a parent has a high-income; how much child support is too much child support?

Clarkston Legal

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.

Clarkston Legal

Divorce and Frozen Embryos

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.

Clarkston Legal

Aretha Franklin’s Oakland County Probate Litigation

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.