Most parents know — in theory, at least — that when a child turns 18 the child is considered an adult with all the attendant legal rights of adulthood. This abrupt transfer of power and the full significance may not be apparent until something happens that drives that reality home. The following statement is difficult for many parents to digest: Just because you are the parent, providing emotional and financial […]

In a recent case handled by Attorney Carol Smith, the claimant was being transported home from dialysis in a non-emergency medical transportation (NEMT) vehicle when she fell out of her chair and seemingly suffered a highly comminuted, displaced fracture of her left femur. She underwent surgical repair with hardware placement the following day and, as a result of the surgery, was hospitalized for three weeks and then in-patient at a […]

In an unpublished opinion, the Michigan Court of Appeals found that an exception applied to the parked car exclusion of the No-Fault Act to provide Personal Injury Protection (PIP) coverage in a case in which a stretcher overturned while attempting to load a patient into an ambulance. In Djeljaj v American Alternative Insurance Corporation, 2023 WL 3556897, while being transferred from one medical facility to another, the Plaintiff was purportedly […]

In the course of running our businesses so many things demand our attention and resources that addressing “intellectual property” can be left on the back burner. Patents are among the most important types of intellectual property, yet common misconceptions often lead business owners to mistakenly regard patents as irrelevant or of limited importance in their particular business. This can lead to lost opportunities or expensive problems. In simple terms, a […]

It’s considered the simplest and least expensive way to transfer real estate when a person dies – with an equally lovely name – the “ladybird,” or “Lady Bird” deed. But is that really the case? As with most concepts, what appears simple on the surface may be more complicated in application. Here is an overview of the ladybird deed, along with the benefits and challenges that come with that method […]

The latest issue of Urban Aging News highlights an article on How Important is it for you to Have a Will? written by Norman “Gene” Richards. In this insightful article, Mr. Richards shares the reasons why someone may- or may not- need a will and outlines what happens to a person’s assets when they have a will in place vs not having a will in place. Urban Aging News is […]

On March 16, 2023 Governor Whitmer signed Senate Bill 4, which expands the language of the Elliott-Larsen Civil Rights Act (ELCRA) to include “sexual orientation” and “gender identity or expression” to the law’s list of protected categories. Public Act No. 6 of 2023 takes effect 90 days after enactment. Originally passed in 1976, ELCRA “prohibits discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, […]

In Michigan the law is clear as to the duties of condominium associations to provide written statements to purchasers of units located in the condominium regarding unpaid assessments, interest, late charges, fines, costs and attorney fees. However, when it comes to homeowners that own lots in subdivisions governed by a Homeowners’ Association (HOA), the law is not as clear-cut. Therefore, prospective purchasers should be aware of any outstanding items that […]

How Important is a Will, Really? The simple answer to that question is . . . wait for it . . . “It depends.” Most people own assets of some kind when they die. The assets might include real estate (home, land, timeshare, etc.), financial accounts (bank, investment, and retirement accounts), life insurance, savings bonds, autos, boats, toys, and personal effects or “stuff” (clothes, furniture, jewelry, tools, etc.). The assets […]

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group are at the Community Associations Institute (CAI) Annual Conference and Expo today, Friday, March 3.  If you are attending the Conference, please plan on stopping by CMDA’s booth (#201).  We look forward to sharing information on the various legal services our Firm’s Community Association and Real Estate Law practice group provides.