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Speaker Law

Posted: Sep 26, 2018, 2:25 PM
Michigan is on the cutting edge when it comes to probate law, recently becoming the first state in the nation to recognize a note left on a cell phone as a valid “digital will.” In a published decision, In re Estate of Horton (Docket No. 339737), the Michigan Court of Appeals ruled the decedent’s testamentary wishes, which were digitally stored on his cell phone, satisfied the requirements for a valid will under the Estates and Protected Individuals Code (EPIC).
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Posted: Sep 20, 2018, 1:45 PM
An Ecuadorian mother’s taking of her minor child from Michigan to Ecuador in 2009 without notifying the father, in violation of the parties’ divorce judgment, did not preclude the possibility that the child had become a “habitual resident” of Ecuador for purposes of a Hague Convention challenge to the father’s 2016 failure to return the child to Ecuador after she visited him in Michigan, the 6th U.S. Circuit Court of Appeals has ruled.
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Posted: Sep 12, 2018, 11:30 AM
MCL 168.937, which is part of the state’s Election Law, is a penalty provision that does not create a substantive offense, the Michigan Supreme Court has ruled in a unanimous decision. As a result, §937 could not be used as the basis to prosecute the defendant in People v Pinkney (Docket No. 154374), for alleged election-law forgery, the Supreme Court held.
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Posted: Sep 6, 2018, 12:25 PM
A trial court erred in distributing a divorcing couple’s marital property because the parties’ prenuptial agreement was ignored in doing so, the Michigan Court of Appeals has ruled. In Silverman v Silverman (Docket No. 336905, unpublished opinion), the Court of Appeals said the trial court could not “simply disregard the prenuptial agreement and resort to equitable considerations without any analysis as to why it was doing so.”
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