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Life Expectancy 2007-07-26 13:29:45 In personal injury and medical malpractice cases, 'life expectancy' is an important issue in determining damages. Experts will determine the damages of the plaintiff in reference to the life expectancy of an average individual living under the same conditions. Life expectancy is a statistical measure of the average number of years a person has ...

Anti-Lapse Statutes 2007-07-18 15:00:42 Most states have anti-lapse statutes. Black's Law Dictionary Sixth Edition defines 'anti-lapse statute' as legislation enacted in most jurisdictions to provide for the testamentary passing of property to heirs and next of kin of the designated legatee or devisee if he dies before the testator, thus preventing ...

Expunging Criminal Records - Michigan 2007-07-12 22:59:00 Expunging criminal records is addressed in Michigan Public Act 1965, entitled, Setting Aside Convictions, and codified at MCL 780.621 to MCL 780.624. According to the law, a person is eligible to file an application to expunge a criminal record if they have been convicted of not more than one criminal offense; it has been at least five years from the conviction or imprisonment; and the conviction was not for a felony / attempt for which the maximum punishment is life imprisonment, a crime involving rape or a traffic offense. The application fee is ...

"Registration" of Wills 2007-07-10 09:04:00 A will does not have to be "registered" for it to be valid. Filing it with the probate court in the county where the testator resides is for safeguarding purposes only. It is a good idea to ascertain whether there are wills that have been previously "registered" / filed, which should ideally be ...

What Happens When Creditors Take You To Court 2007-07-09 08:54:00 If the collector sues and proves that you owe the money claimed, a judgment can be entered for that amount plus costs. The collector can then attempt to collect from you on the judgment but only under the provisions of the Fair Debt Collection Practices Acts and this time with the ability to attach assets such as your car unless you use it for work, and garnish your wages if you net more ...

Is a Motion Required to Take a Child out of State when there is an Order in Place 2007-07-08 09:22:58 According to the Michigan CHILD CUSTODY ACT OF 1970, MCL 722.31 Legal residence change of child whose parental custody governed by court order, Sec. 11. (1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal residence with each parent. *Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not ...

When Does Bad Credit Stop Showing Up On Your Credit Report 2007-07-08 08:51:39 Under the Federal Fair Credit Reporting Act, 15 USC 1681c, accounts placed for collection or charged to profit and loss which antedate the report by more than seven years must be excluded from the report. There are exempted cases where the principal amount of the credit transaction is ...

Michigan Runaways 2007-06-30 00:36:46 Can a 17 year old leave home without permission? No. If the individual is under age 18, they are a ?minor?. MCL 722.1. The age of majority in Michigan is 18. MCL 722.52. A child can leave home with permission, however, it is still the parents obligation to support their minor children unless the court modifies or terminates the obligation via a petition for emancipation, or the minor is emancipated by operation of law. MCL 722.3. ?Emancipation? means ...

Medical Malpractice Statute of Limitations - Fraudulent Concealment 2007-06-26 23:12:29 Under MCL 600.5838a, a claim based on the medical malpractice of a person or entity who is or who holds himself or herself out to be a licensed health care professional, a licensed health facility or agency, or an employee or agent of a licensed health facility or agency who is engaging in or otherwise assisting in medical care and treatment, accrues at ...

Eviction for Controlled Substance Violation 2007-06-25 22:55:56 Attorneys do well to advise their criminal defendant clients that their controlled substance violation could get them evicted. If the client is renting property under a lease containing a provision that they can be evicted for a controlled substance violation on the property, and the landlord files a police report regarding the violation, the landlord can then evict the tenant with only 24 hours notice. According to MCL 600.5714(1)(b), ...

A Valid Michigan Will 2007-06-22 23:01:56 In order to make a valid will in Michigan, an individual has to be at least age 18 and of sound mind. The will has to be in writing and signed by the testator (will maker) or in their name by some other individual in the testator's conscious presence and by their direction. In other words, as to a person creating the will who cannot physically sign the document for example, he could direct another individual to sign for him in his presence. The will also has to be ...