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LEGAL UPDATE

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October 1, 2006

TOPICS IN THIS ISSUE:

 

How Do I Keep My Kids Where They Belong?

Can Part of My Child Support Be Eliminated?

Probate versus Non-Probate Estate: What is a Probate Estate?

Special Event: Free Estate Planning Seminar 10-25-06.

                       Call for Details.

 

How Do I Keep My Kids Where They Belong?

 

     Custody cases can be some of the most emotionally difficult types of litigation that anyone can ever have to deal with. Money, property, bank accounts, houses can all be replaced through hard work. Your children are unique and can never be replaced. As a result, handling the case correctly from beginning to end and at all points in between is essential in order to make sure that your children stay where they belong.

 

     To properly prepare your custody case you must know what the judges are looking for. The judges are required to consider the best interests of the child in all custody cases. This best interests phrase is very significant and is spelled out in a specific law. In order to determine what is in the best interests of the child twelve factors are to be considered. Continued on Page 2.

 



Can Part of My Child Support Be Wiped Out?

 

     Changes to the Michigan child support laws were passed that became effective July 1, 2005. These laws make significant changes to how child support is accumulated and penalties that apply for not paying on time.

The prior law applied an 8% surcharge to be added to the child support amount when someone failed to stay current on what they were supposed to pay. This was intended to give payors incentive to stay current and give payees some compensation when they had to borrow from Peter to pay Paul because they did not get the support when it was due. Continued on Page 5.

 



Probate versus Non-Probate Estate: What is a Probate Estate?

 

     Many people have a misunderstanding as to what a probate estate really is. Many people understand that there are ways to avoid probate court. However, this is only important if you understand what it means to have to probate an estate and what is included in it.

 

     Probating an estate is a matter of transferring property that was in the name of the deceased person to that person’s heirs as well as paying off any legal debts. If there is no probate estate then a transferring of property is not needed because there is no property to transfer. The debt part is also moot because there is no property to pay debts even if the debts are in fact legally enforceable. The first step then is to examine the property you own and how it is titled so you may consider whether your estate may need to be probated later. Continued on Page 7.


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