Blog Archives - MI-Law https://www.michigan-lawoffice.com/category/blog/ Your guide to Michigan's legal matters Thu, 24 Aug 2023 12:12:55 +0000 en-US hourly 1 https://wordpress.org/?v=6.3 https://www.michigan-lawoffice.com/wp-content/uploads/2023/08/MI-Law-150x150.jpg Blog Archives - MI-Law https://www.michigan-lawoffice.com/category/blog/ 32 32 Administrative Law and Disputes with Government Bodies in Michigan: Appeals and Claims https://www.michigan-lawoffice.com/administrative-law-and-disputes-with-government-bodies-in-michigan-appeals-and-claims/ Mon, 27 Feb 2023 18:17:00 +0000 https://www.michigan-lawoffice.com/?p=26 Administrative law is an important aspect of the legal system that governs how citizens and organizations interact with government agencies and organizations. In the state […]

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Administrative law is an important aspect of the legal system that governs how citizens and organizations interact with government agencies and organizations. In the state of Michigan, administrative law covers a wide range of issues, from issuing licenses to resolving disputes with government agencies. In this article, we will look at important aspects of administrative law and the appeals process.

Administrative decisions and the appeals process

State agencies and departments in Michigan make a variety of decisions that affect the rights and interests of citizens and businesses. These may include decisions to issue licenses, tax assessments, building permits, and others. If you disagree with a body’s decision, you have the right to appeal.

The appeal procedure may vary depending on the specific situation. It usually involves filing an appeal or complaint against an administrative decision. This may require preparing documents, submitting evidence, and attending a hearing.

Disputes and lawsuits with government agencies

In the case of serious disputes with governmental bodies or agencies in Michigan, when appealing a decision does not produce the desired result, you may decide to file a lawsuit in court. This may be necessary, for example, when appealing tax assessments, challenging licenses, or protecting your rights in public services.

Finding help

Disputes with government agencies can be complex and require a thorough understanding of administrative law. When these situations arise, it is recommended that you contact an experienced attorney who specializes in administrative law. An expert will help you understand your rights, assess the situation and develop a defense strategy.

Administrative law in Michigan is essential to ensuring fairness and monitoring the actions of government agencies. Knowing your rights, appeal procedures, and the ability to file a lawsuit will help protect your interests in situations where interactions with government entities raise questions and disputes.

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Wills, Probate Law and Estate Planning in Michigan https://www.michigan-lawoffice.com/wills-probate-law-and-estate-planning-in-michigan/ Sat, 30 Apr 2022 10:43:00 +0000 https://www.michigan-lawoffice.com/?p=23 Inheritance planning plays a key role in ensuring financial security and the fair distribution of assets after death. The state of Michigan has certain laws […]

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Inheritance planning plays a key role in ensuring financial security and the fair distribution of assets after death. The state of Michigan has certain laws and mechanisms that govern the processes of wills, probate law, and estate planning. In this article, we will examine important aspects of these issues in the Michigan context.

Wills: securing a will to care for an estate

A will is a document that allows you to determine how your estate will be distributed upon your death. Michigan probate law requires that a will be in writing and signed in front of two witnesses. A will may also include the appointment of a guardian for minor children or family members with disabilities.

Inheritance law: distribution of property without a will

If a person dies without a will, his or her estate is distributed according to Michigan inheritance laws. Michigan law determines what property will go to the next of kin and in what shares. It is important to remember that inheritance laws may not always match your preferences, so drafting a will may provide a more accurate distribution of assets.

Inheritance planning: ensuring financial security

Inheritance planning includes not only wills, but also other tools such as a power of attorney for medical decisions and a power of attorney for financial affairs. It also includes assessing tax implications and developing strategies to minimize the inheritance tax burden. A well-planned inheritance can provide financial stability for future generations.

Finding help

Inheritance planning is a complex process that can involve many legal and financial aspects. Contact an attorney who specializes in inheritance law for personalized advice and assistance in creating an inheritance plan that meets your needs.

Wills, probate law, and estate planning are integral to ensuring future financial stability and fairness in the distribution of assets. Knowing local laws and regulations, and consulting with an expert, can help you create a solid inheritance plan that fits your values and needs.

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Employee Rights and Labor Protection in Michigan: Layoffs, Discrimination, and Wages https://www.michigan-lawoffice.com/employee-rights-and-labor-protection-in-michigan-layoffs-discrimination-and-wages/ Fri, 12 Mar 2021 16:40:00 +0000 https://www.michigan-lawoffice.com/?p=20 Labor relations in Michigan are governed by a complex set of laws and regulations that protect the rights of employees. In this article, we will […]

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Labor relations in Michigan are governed by a complex set of laws and regulations that protect the rights of employees. In this article, we will examine key aspects of labor protections in Michigan, including layoffs, discrimination, and wages.

Layoffs: protections against wrongful terminations

Michigan law provides employees with certain rights in the event of a layoff. Most employment relationships in Michigan are “at-will,” meaning that an employer can terminate an employee without giving a reason. However, there are exceptions where termination is considered unlawful, such as in cases of discrimination, retaliation, or violations of other labor laws.

Workplace discrimination: prohibitions and defenses

Michigan law also strictly prohibits discrimination in the workplace based on race, sex, age, national origin, religion, and other characteristics. Employees are entitled to fair and equitable treatment. In cases of discrimination, an aggrieved employee can go to court and seek damages.

Salary and wage relations

Wages in Michigan are governed by minimum wages that are set by law. Employers are required to comply with these standards and ensure that wages are paid in a fair and timely manner. In addition, there are equal pay laws for the same work for men and women.

Labor protections in Michigan are a complex set of regulations and laws designed to ensure fairness and equality in the workplace. Knowing your rights and responsibilities is important for both employees and employers to enforce the laws and prevent violations. When employment rights are violated, employees have the right to defend themselves and seek help from employment law professionals.

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Michigan Consumer Protection: Safeguards for Purchases, Contracts, and Returns https://www.michigan-lawoffice.com/michigan-consumer-protection-safeguards-for-purchases-contracts-and-returns/ Sat, 18 May 2019 01:05:00 +0000 https://www.michigan-lawoffice.com/?p=17 Consumer protection plays an important role in ensuring fairness and reliability in the marketplace. The state of Michigan has laws and regulations that ensure consumer […]

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Consumer protection plays an important role in ensuring fairness and reliability in the marketplace. The state of Michigan has laws and regulations that ensure consumer rights when shopping, contracting, and returning goods. In this article, we will look at key aspects of consumer protection in Michigan.

Consumer rights when shopping and contracting

When shopping or contracting in Michigan, consumers have the right to clear and accurate information about the goods and services they are buying. Sellers are required to provide a fair description of the goods and include all material characteristics. If a seller knowingly gives false information or conceals important facts, consumers can seek protection of their rights.

Right to return and exchange goods

Michigan law also gives consumers the right to return or exchange merchandise if the product is defective or does not meet the advertised specifications. Depending on the store or retailer’s policy, there are certain time frames for making a return or exchange. It is important to keep receipts and purchase documents to have proof.

Protections for online purchases

Consumer protection laws also apply to online purchases. Virtual stores are also required to provide accurate information about products and services. Consumers have the right to cancel an order within a certain period of time after receiving the product, as well as to return the product if it is not as described.

Seeking help

If your rights as a consumer have been violated or you have encountered problems when purchasing or returning goods, it is important to know that you have the right to defend yourself. Contact lawyers and organizations that specialize in consumer protection for advice and assistance.

Consumer protection in Michigan provides a strong insurance shield for consumers by ensuring fair and honest shopping practices. Knowing your rights and responsibilities when shopping, contracting, and returning goods helps ensure safety and trust in the marketplace.

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U.S. Corporate Law https://www.michigan-lawoffice.com/u-s-corporate-law/ Sat, 19 Jan 2019 22:07:00 +0000 https://www.michigan-lawoffice.com/?p=32 U.S. corporate law governs the governance, finance and power of corporations in U.S. law. Each state and territory has its own basic corporate code , […]

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U.S. corporate law governs the governance, finance and power of corporations in U.S. law. Each state and territory has its own basic corporate code , while federal law sets minimum standards for trading in company stock and management rights , which are largely contained in the Securities Act of 1933 and the Securities Exchange Act of 1934 , as amended by laws such as the Sarbanes Act . -Oxley Act of 2002 and the Dodd-Frank Wall Street Reform and Consumer Protection Act . The U.S. Constitution has been interpretedThe U.S. Supreme Court allows corporations to incorporate in any state of their choice, regardless of where their headquarters are located. During the 20th century, most large corporations were incorporated under the Delaware General Corporation Law , which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has done the same. Twenty-four states follow the Model Business Corporation Act, while New York and California are important because of their size.

Corporations and civil law

Corporations are consistently classified as ” legal persons” by all modern legal systems, which means that, like natural persons, they can acquire rights and obligations. A corporation may be incorporated in any of the 50 states (or the District of Columbia) and may be authorized to do business in each jurisdiction in which it does business, unless the corporation is sued or sued under a contract, the court, regardless of where the corporation is headquartered or where the transaction occurred, will use the law of the jurisdiction in which the corporation was incorporated (unless the contract specifies otherwise).

All large public corporations are characterized by limited liability and centralized management. When a group of people go through incorporation procedures, they acquire the rights to enter into contracts, own property, file lawsuits, and will be liable for torts, or other violations, and sue. The federal government does not register corporations (except national banks, federal savings banks, and federal credit unions), although it does regulate them. Each of the 50 states and the District of Columbia has its own corporate law. Historically, most large corporations have chosen to incorporate in Delaware, even though they operate nationally and may have little or no business in Delaware itself. The extent to which corporations should have the same rights as real people is debatable, especially when it comes to the fundamental rights enshrined in the U.S. Bill of Rights. By law, a corporation operates through the real people who make up its board of directors and then through the officers and employees who are appointed on its behalf. In some cases, shareholders can make decisions on behalf of the corporation, although in larger companies they are usually passive. Otherwise, most corporations assume limited liability, so that shareholders generally cannot be sued to pay the corporation’s business debts. If a corporation becomes bankrupt and cannot pay its commercial creditors when their debts come due, state courts in some circumstances allow the so-called “veil of incorporation” to be opened and thus hold the people behind the corporation liable. . This is usually rare and in almost all cases involves nonpayment of trust fund taxes. or willful misconduct essentially amounting to fraud.

In Michigan, forming a corporation requires following a certain procedure. This includes filing articles of incorporation, defining purposes, approving articles of incorporation, and holding a shareholders’ meeting. Corporations can have different organizational structures such as a board of directors, president, secretary, etc., depending on their needs and size.

The board of directors plays a key role in the governance of the corporation. In Michigan, this body has the power to make strategic decisions, appoint management, approve budgets, and oversee operations. Directors have a duty to act in the best interest of the corporation and its shareholders.

In the event of mergers, acquisitions, or other corporate reorganizations, Michigan has strict rules and procedures. These include informing shareholders, obtaining governing body approval, and complying with antitrust laws.

Corporations in Michigan are also required to file financial statements within a set time frame. This promotes transparency and trust from shareholders and other stakeholders.

Michigan law also protects shareholder rights and provides mechanisms for resolving disputes. Corporate managers owe duties of loyalty and sensitivity to shareholder interests.

Corporate law in Michigan provides a framework for the organization and governance of corporations. Understanding these rules and complying with them is essential to successful business operations. It is recommended that you seek advice from legal professionals in corporate law to ensure that your business is in compliance with the law.

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Procedure for Buying Real Estate in the United States https://www.michigan-lawoffice.com/procedure-for-buying-real-estate-in-the-united-states/ Sat, 09 Jun 2018 03:01:00 +0000 https://www.michigan-lawoffice.com/?p=29 US real estate is seen as a safe investment. In addition, the country is popular for immigration. How to find a suitable object, what you […]

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US real estate is seen as a safe investment. In addition, the country is popular for immigration. How to find a suitable object, what you need to know before making a deal, whether it is possible to take a mortgage and how much you will have to pay over the price of the object? We tell you everything in detail.

It is possible to formalize the transaction either for an individual or a legal entity. Market professionals recommend the second method, thanks to which you can protect the property from inheritance and gift taxes, as well as limit the owner’s liability in case of an accident. It is best to consult a tax lawyer before making a decision.

What rights a foreigner gets after buying real estate in the USA

The purchase of real estate is not a sufficient basis for obtaining a residence permit in the United States. Nevertheless, under certain conditions, it will help to obtain a business visa.

Thus, EB-5 visa can be obtained when buying an investment property worth $1.05 million (under certain conditions, the amount is reduced to $ 800 thousand). It can be, for example, an apartment building, shopping center or hotel. At the same time it is necessary to provide permanent employment for at least ten people, and the business must be break-even.

Types of real estate in the United States

The following housing options can be found on the US market:

  • private house (single family house),
  • condominium (condo or apartment in an apartment building),
  • townhouse,
  • co-op.

A private house is usually owned by the family that owns it, while the other types of real estate imply a neighborhood of several owners. In this case, an association of owners takes over the management of the dwelling.

In the simplest case, they determine the regular fees and the expenses that will be covered (garbage collection, security, cleaning, etc.). Often, however, the association also decides whether owners can keep dogs, cats, and other pets in their homes, and the number, weight, and type of these animals may be determined. In addition, the association may establish rental policies and even decide who can and cannot own or live in the home.

A cooperative is a special form of ownership that involves the joint ownership of real estate. Each co-owner in a cooperative does not buy a separate apartment, but receives a certain number of shares or a share in the common property that corresponds to the value of his or her apartment.

Buying a home belonging to an association has its own peculiarities. In particular, you must first apply to join the association and pay a fee. In addition, it will be more difficult to get a loan to buy a home in a cooperative, as you will need to be approved by the cooperative. This will limit your options for both buying and selling (since the potential buyer will also need to be approved).

Who else is involved in a real estate transaction

In addition to a realtor, you may need the services of a mortgage broker, attorney, accountant, and translator.

  • A mortgage broker will find you the best terms for a bank loan.
  • A lawyer will deal with drafting contracts, registering real estate, obtaining a certificate of ownership of real estate. He is also responsible for the legal cleanliness of the transaction.
  • An accountant will be needed if you plan to rent out your home. In this case, you will need to fill out an annual tax return, and it is better to entrust this to a specialist. Also at the purchase stage, you will probably need to consult a tax advisor.

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Michigan Family Law Overview: Divorce, Custody and Child Support https://www.michigan-lawoffice.com/michigan-family-law-overview-divorce-custody-and-child-support/ Fri, 15 Dec 2017 23:26:00 +0000 https://www.michigan-lawoffice.com/?p=14 Family law plays an important role in people’s lives when it comes to divorce, child custody, and child support issues. In the state of Michigan, […]

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Family law plays an important role in people’s lives when it comes to divorce, child custody, and child support issues. In the state of Michigan, like everywhere else, family law has its own peculiarities and nuances. In this article, we will look at the key aspects of family law in Michigan and what you should know if you are facing these situations.

Divorce in Michigan: procedure and property division

The Michigan divorce process begins with filing a lawsuit in court. The state of Michigan is a “mixed” state in terms of divorce, where the court can take into account both fault and no-fault in the breakdown of the marriage when making decisions about property and child division. If the divorce is agreed to, the court can approve the division of property and settled custody issues.

What is the difference between judicial divorce (contested divorce) and consensual divorce?

When both husband and wife voluntarily agree on all aspects of the divorce, including division of joint property, child residence and visitation, child support and ex-spousal support, or are able to sign a separation agreement, their divorce is considered a consensual divorce. On the other hand, when spouses are unable to agree among themselves on all aspects of the divorce and separation, and require the court to make appropriate decisions on the above aspects of the divorce, they are forced to deal with a judicial divorce. On the practical side, a judicial divorce requires much more work, usually takes longer, and generally costs more.

Child custody: factors and decisions

When deciding how to allocate child custody, the court will look at the “best interest of the child.” Parents may agree on shared custody or unilateral custody, considering factors such as the desire and ability of each parent, stability, and the environment provided by each parent.

Legal custody means the right to make decisions, not the right to spend time with the child. The parent with sole legal custody has the right to make most of the decisions about the child’s upbringing if both parents cannot agree on the decision. If parents have agreed to joint legal custody, they have essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Whether your spouse has sole legal custody, or you both do, you still have the ability to see your child as your schedule allows. Visitation with the child is usually not contingent on legal custody rights.

Child support: calculation and modification

Alimony (alimonies) are payments that one spouse may be obligated to pay to the other after a divorce. In Michigan, the court considers the financial circumstances of both parties when determining the need for and amount of alimony. Alimony can be temporary or permanent, and in some cases can be reviewed by the court when circumstances change.

The State of Michigan offers a formula for calculating the amount of child support to be paid by a parent as outlined in Family Code section 240(1-b). This is a rather complex piece of law that must be read and interpreted carefully to accurately calculate the amount of child support. Generally, after the allowed deductions from a parent’s total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under age 21:

  • 17% for one child,
  • 25% for two children,
  • 29% for three children,
  • 31% for four children, and
  • 35% for five or more children;

It is necessary to carefully and accurately interpret the statute to accurately calculate child support, as there are many factors and conditions spelled out in the law that affect these calculations.

Family law in Michigan requires careful study and understanding, especially in the case of divorce, child custody and child support issues. Consulting with an experienced family law attorney can help you understand your rights and responsibilities under Michigan law. It is important to remember that each situation is unique, and it is recommended that you obtain individualized counseling to make the best decisions for you and your loved ones.

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