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Recently Deceased Celebrities Demonstrate Importance of Estate Planning

Over the past few months, Paul Walker and Philip Seymour Hoffman both died in sudden and unexpected ways. The latter, from an apparent overdose of heroin in January after decades of straight living; the former, ironically, in a flaming high-speed car crash last November.

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Stepparent Adoption Complicated by Legal Custody Label

About one year ago, the Michigan Court of Appeals recently gave us one more reason to care about legal custody when negotiating a divorce with minor children. During the divorce process it is often difficult for those involved to consider the future and a possible remarriage down the road.

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Divorce: There’s an App for That Too

Were here at the electronic divorce attorney are not big fans of digitizing personal therapy in an app. Or the divorce process for that matter.

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Conscious Uncoupling in Los Angeles

Among some of the more enlightened Hollywood luminaries, it’s not a divorce; it is a “conscious uncoupling”. This is the term veteran actress Gwyneth Paltrow used on her website this week to announce the split with Chris Martin, her rocker-husband of more than ten years.

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Senate Bill Impugns Medical Marijuana for Custodial Parents

Over the five years since Michigan’s Medical Marijuana Act was passed through voter initiative in November 2008, we’ve had many cases in family court where a parent’s medical marijuana use was raised as an issue in the case. Generally, family court judges do not shine to pot smoking parents.

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Guardians Can Now Execute DNR Orders

As a Public Administrator, a professional fiduciary serving Waterford & Clarkston, the issue of executing a DNR order [Do Not Resuscitate] continually arises in my law practice. The issue has been politically charged for years. DNRs have been governed until this week by the “Do-Not-Resuscitate” Procedure Act.

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The Plea

It is Tuesday at 9.30am and I am in the booth. The booth is a tiny box where I have the honor of talking to my client through an inch of bullet-proof glass.

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Governor Cuomo Announces [Limited] Medical Marijuana for New York

Later this week, New York Governor Andrew Cuomo is scheduled to announce, in his State-of-the-State address, an executive initiative allowing the limited use of medical marijuana under a set of narrow circumstances.

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Family Court Judge Denies Divorce

This one comes to us from Southern Florida, courtesy of our blogging friend, Jeanne Hannah. A family court judge in Palm Beach County took a divorcing couple to task in a tersely-worded opinion

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Federal Judge Establishes Juvenile Lifer Parole Process

In the wake of a pair of SCOTUS decisions, Graham vs Florida, and more recently, Miller vs Alabama, holding that state juvenile lifer statutes violate the 8th Amendment’s prohibition of cruel and unusual punishment, U.S.

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District Judge Sees the Devil’s Harvest

In 1936, marijuana was vilified as the harvest of the Devil; the gateway drug to the hard stuff. Reefer Madness was a propaganda campaign that swept the country in the years following prohibition.

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100th Post – Thank You Readers

This is our 100th post; thanks to all our readers and to the folks that post comments to this blog. It has taken us several years to muster 100 posts here at the electronic divorce attorney. Check out the very first post from 2009.

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Conservator Can File Divorce on Behalf of Ward

As a Public Administrator, I have seen this issue come up from time to time: a person deemed incompetent and in need of a professional fiduciary to manage the protected individual’s affairs is married...

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Bi-Coastal Custody Battle Examines Rights of Pregnant Women

The photo at left notwithstanding, Bode Miller has picked-up several Olympic skiing medals in both Salt Lake City and Vancouver over the past decade; he is currently training for the 2014 Winter Olympics in Sochi, Japan..

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Stop and Frisk in Gotham

When a police officer has good reason to stop someone on the street to ask a basic question like, “what is your name?” or, “what are you doing?”, he has a right not to receive a bullet for an answer.

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Married with Separate Assets

Having represented hundreds of married couples, we have seen plenty of them present to us for a divorce with the proverbial separate bank accounts. It seems there is a correlation between a separate bank account and a separate heart.

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CEO Divorce: What’s in It for The Shareholders?

There is no doubt that a divorce proceeding affects any professional’s work routine; that includes, of course, corporate executives.

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Should Texting to Someone Driving a Car Be Criminalized?

These days it is nearly universal that texting while driving is a violation of the motor vehicle code, or at least a local ordinance, in the jurisdiction through which you are passing. Now, some law makers are considering whether a person that texts to someone they know is driving should be proscribed conduct as well.

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Where’s the Body? Prosecuting the “No Body” Case

The Corpus Delicti rule mandates that a prosecutor prove that a crime has been committed before a person can be convicted of committing a crime. A dead body is a critical component and establishes the corpus delicti of a murder case.

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Minor’s Guardian Cannot Prevent Grandparent Visitation

The Michigan Court of Appeals ruled earlier this month that a court-appointed guardian of a minor child cannot prevent contact between the child and his Grandmother.

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Same-Sex Divorce

With all the attention that same-sex marriage has garnered over the past few years, could the focus on same-sex divorce be far behind? The divorce cases, with their attendant issues, are just beginning to manifest.

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High Conflict Divorce Brings Down State Treasurer

This was certainly in the works since last summer. Michigan Treasurer Andy Dillon resigned yesterday in the wake of continuing media scrutiny of his high-conflict divorce.

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Entrapment of A Drunk Vehicle Passenger

This would have made a great appeal had the accused not pled to a lesser charge. A district judge from Brighton accepted a plea from a woman who moved from the passenger seat to the drivers seat of her drunk boyfriend’s truck at the command of a police officer

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Guardianship Bills Seek to Prevent Elder Abuse

An adult guardianship is a probate court proceeding that protects an individual that cannot take care of his own affairs by appointing a fiduciary -a guardian or conservator- to care for the incapacitated individual.

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The Problem with Executing Two Successive Wills

…is that your family will fight over the money in your estate. This appears to be happening right now in New York to the deceased multimillionairess Huguette Clark.

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Student Loans and Divorce

There are two ways we have seen student loan debt affect divorce proceedings. One scenario is where the divorcing spouse, usually a newly-minted professional, has accrued a significant debt balance well into the six-figures; as much as $200,000 in the case of a medical degree.

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Same-Sex Divorce Could Require Moving Out-Of-State

When our SCOTUS recently struck-down the Clinton-era Defense of Marriage Act, and also held that California’s prohibition on same-sex marriage was unconstitutional, proponents of same-sex marriage understandably hailed the decisions as a victory. Now that the dust has began to settle in these seminal cases, some of the fall-out is going to affect the inevitable divorce proceedings arising from failed same-sex relationships.

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On the Custody of Cryopreserved Embryos

Now here’s a sticky one. What does an unmarried couple do with their fertilized and cryopreserved embryos when they break-up?

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Tony Soprano’s Estate Plan

Actor James Gandolfini played New Jersey mob boss Tony Soprano on the long-running HBO series The Sopranos. I was a fan and thus, very disappointed at the news of his early demise.

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Last Words from Death Row

This post is straight from Texas, our most prolific death penalty state. Texas has executed over 800 death row inmates since the SCOTUS ruled in 1976 that the death penalty was not cruel and unusual punishment after all.