What is a charitable remainder trust?
A charitable remainder trust is an irrevocable trust that allows a donor to make a gift to a trust, then receive income from the trust during the donor’s lifetime.
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November 2, 2017
Are prenuptial agreements enforceable in Michigan?
In Michigan, when a “prenuptial agreement is clear and unambiguous; changed circumstances do not render its enforcement unfair and unreasonable. Accordingly, the agreement should be enforced.”
September 23, 2017
Is a hypothetical promise enforceable?
In contract law, an illusory promise is unenforceable due to indefiniteness, or lacking mutual obligation. For example, owner of a business forms an agreement to “pay for products if he feels like it.”
April 17, 2017
Does a contract have to be in writing to be enforceable?
It depends. State law varies; however, generally, pursuant to the Restatement (Second) of Contracts § 110, certain contracts, subject to a statute, are not enforced unless there is a written memorandum or an applicable exception.
January 6, 2017
Are Noncompete Agreements enforceable in Michigan?
An enforceable noncompete requires legal consideration. Legal consideration means something was given, a legal value and bargained for exchange; in other words, “this for that.”
December 13, 2016
Estate Planning for Young Families
If you die without an estate plan, your loved ones may have to go through the probate court process, wasting time and money.
October 31, 2016
What are some of the most common drafting mistakes that you see in contracts?
Litigation often involves scrutinized arguments over forum, dispute resolution, and limitation of liability clauses.
September 28, 2016
If a contract violates the law, can it still be enforced against me?
Under Michigan law, parties may enter into any contract, so long as the contract is not contrary to Michigan law and does not conflict with a public policy.
August 25, 2016
What is a frivolous lawsuit?
Lawyers are required to act in good faith when they file a lawsuit, or defend one. Ridiculous claims and defenses can result in unnecessary attorneys fees, thereby wasting time and resources.
April 11, 2016
What happens if someone sues me or my business as a result of an injury, but they are partially at fault?
Al is driving above the speed limit. Bob runs a red light, and smashes into Al. Al suffers serious injuries as a result of the automobile accident. Al sues Bob. At trial, it is determined that Al was 20% at fault, and Bob was 80% at fault.
February 3, 2016