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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.

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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.

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Declining Asset Values in The Divorce Process During the COVID-19 Pandemic

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.

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The COVID-19 Pandemic, Divorce and Family Court Issues

It has been over a Century since a global pandemic wreaked as much havoc on humanity as COVID-19; truly unprecedented in our lifetimes.

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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.”

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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.

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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.

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Types of Criminal Child Abuse in Michigan

The Wolverine State has one of the most intricate child abuse laws in the country. Section 750.136b sets out four different levels of child abuse, which are outlined below.

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Answering Delinquent Child Support Charges in Oakland County

In the Wolverine State, less than half of residential parents receive their full child support allotments. Since either Oakland County or the State of Michigan is ultimately responsible for collecting child support

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Protective Orders in Michigan: What You Need to Know

Domestic violence is one of the most pervasive problems of our era. Statistically, a domestic violence incident occurs every nine seconds.

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Prenuptial Agreements in Michigan: What You Need to Know

Many Millenials are children of divorce. So, they are often willing to do almost anything to ensure that their own marriages last.

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Types of Home Invasion Crimes in Michigan

“Home invasion” is basically a burglary of a building while someone is inside. The occupant might not even be aware that a burglary is in progress, but aggressive Oakland County prosecutors often charge these incidents as home invasions.

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Understanding Child Custody in Michigan

Under Michigan law, custody, parenting time, and other divorce-related decisions about the children must be in the children’s best interests. Most parents agree with this broad principle, but they disagree on specific points.

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Bond and Jail Issues in Waterford & Clarkston

Prompt pretrial release is a very important component of an effective criminal defense. If the defendant remains incarcerated, the presumption of innocence essentially becomes a presumption of guilt.

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What You Need to Know About Parental Alienation

In many divorce cases, an insidious process occurs –sometimes subtly, other times blatantly- whereby one parent alienates the other parent from their children. The alienating parent, the mother in many cases, tries to create an emotional disruption between the child and the targeted parent; usually the noncustodial father.

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The Three Types of Adoption in Waterford & Clarkston

Since they give us a chance to build families up, most Waterford & Clarkston adoption attorneys love doing adoptions. The final court dates are often joyous occasions.

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Classification, Valuation, and Resolution Issues in Divorce Business Valuation Matters

Millions of Michiganders own small businesses. In fact, almost 90 percent of the business in the Wolverine State have fewer than 20 employees. Millions of other people have side businesses and ongoing freelance gigs.

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Queen of Soul Dies Intestate

Like Prince, Bob Marley, Princess Diana and Pablo Picasso before her, Detroit’s Aretha Franklin died intestate last month. Here in Michigan, dying “intestate” means that you die without a will, trust, or other estate planning instruments.

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Planning the Unplannable: Estate Planning and Suicide

Ernest Hemingway once wrote, “Every man’s life ends the same way. It is only the details of how he lived and how he died that distinguish one man from another.”

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Child Support when You’re a Superstar Multi-Millionaire

Miguel Cabrera’s season-ending injury is but one of the troubles the superstar millionaire is facing as the MLB’s All Star break fast approaches.

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Life Insurance and Revocation upon Divorce

Last month, the SCOTUS heard oral argument on an interesting issue arising in most divorce cases. Life insurance policies are, by statute, automatically revoked between spouses upon a divorce here in Michigan and many other states.

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Digital Divorce Platforms

Over the past few years, we’ve noted some flashy digital divorce platforms transitioning from beta to the marketplace. These platforms digitize the administrative aspects of divorce and reduce -sometimes even eliminate- the lawyers’ role.

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Vegas Shooter’s Estate May Be Assigned to Public Administrator

Used to be a mass-shooting was something that sadly occurred once or twice a year in the U.S. Now, tragically, such shootings are weekly events.

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When a Rapist Father Is Awarded Child Custody

By now, we have all heard about the child custody case in Sanilac County. A family court judge unwittingly awarded custody and parenting time to the rapist father of a minor child.

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Adult Guardianships for The Elderly

Adult guardianships are more common today as the so-called Baby Boomer generation ages. Yet, in our free society, one adult does not legally control another without a compelling reason.

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Appeals Court Clarifies “Usable Medical Marijuana”

How do you determine the weight of usable medical marijuana? That has been at the heart of many medical marijuana cases here in Michigan.

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Operating While Intoxicated in Your Own Driveway

On Monday, the Michigan Supreme Court decided an interesting operating while intoxicated [OWI] case. After pulling out of his garage, the man was arrested for drunk driving.

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When to Accept a Plea Bargain

Lawyers have lots of opinions about plea bargains. Many knowledgeable attorneys have different opinions about the plea process, what it means for the accused, and for the criminal justice system.

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Grandparenting Rights and the Constitutional Interests of Parents

A recently published Michigan Court of Appeals decision affirms that parents have a constitutional interest in raising their children. Statutory grandparenting rights do not trump a parent’s constitutional rights.

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The “Affluenza” Defense in Criminal Proceedings

Much has been made of the so-called “Affluenza Defense” and an apparent disparity of accountability between the rich and the poor. The case of a teenager whose reckless driving resulted in the deaths of four people made national headlines...