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LawRefs

LawRefs
Legal reference blog by attorney Renee C. Walsh covering a broad range of interesting legal issues and inviting public comment and inquiry.
Articles: 1, 2, 3, 4

Articles

Patient Access to Psychiatric Medical Records
2008-06-03 04:29:00
Question: A patient sees a psychiatrist for several sessions for diagnosed mental illness requiring treatment. The relationship with the psychiatrist ends poorly. The patient no longer sees the psychiatrist but wants to see his psychiatric record, including the psychiatrist's notes from their sessions together. He is told by the psychiatrist's office that copies of the medical records are not made for patients and that the only way he can see them is to make 'an appointment to go over the records with the doctor at a cost of $75. Is this legal?
More About: Medical , Access , Civil , Records , Patient
Children and Safety Belts - Michigan Law as of July 1, 2008
2008-06-02 05:51:00
In February 2008, an article was posted regarding this topic, essentially describing that if your child is age 4 or older, the law does not require a booster or car seat. This will no longer be the law as of July 1, 2008.
More About: Family , Safety , Children , Michigan , State
Laws Pertaining to Trust Administration - Michigan
2008-05-29 19:38:00
ESTATES AND PROTECTED INDIVIDUALS CODE, Act 386 of 1998, Article VII TRUST ADMINISTRATION, MCL 700.7101 to MCL 700.7511.
More About: Laws , Michigan , Administration , Trust , Probate
Michigan Title Company Forces Married Persons to Take Title in Spouse's Nam
2008-04-24 13:12:00
Question: Can a married women in Michigan own property solely in her name? My daughter is in the process of buying a home in Michigan. The mortgage will be in her name only. The Michigan title company closing the transaction is directing her that if a person is married and buying property in Michigan they must take title “by the entireties.” The husband that is not employed, has not worked for a year, and has a poor credit history and has nothing to do with the mortgage MUST have his name on the title.
More About: Company , Title , Forces , Married
"Payment in Full"
2008-03-26 12:18:00
The phrase, "payment in full", is most commonly thought of in respect of seeing this clause in the memo section of a check. What does it mean and what is its legal effect?
More About: Payment , Full
Order for Grandparenting Time
2008-03-26 04:52:00
Michigan Compiled Law 722.27b Order for grandparenting time; circumstances; acknowledgment of parentage; commencement of action; procedures; affidavit; notice; opposing affidavit; hearing; basis for entry of order; condition; record; court mediation; frequency of filing complaint or motion seeking order; attorney fees; order prohibiting change of domicile of grandchild; effect of entry of order; modifying or terminating order. Sec. 7b.
More About: Time , Family Law
Powers of Court in Child Custody Disputes
2008-03-26 04:51:00
Michigan Compiled Law 722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order. Sec. 7.
More About: Disputes , Custody , Court , Child Custody
Parenting Time Defined
2008-03-26 04:43:00
Michigan Compiled Law 722.27a Parenting time. Sec. 7a.
More About: Time , Defined , Family Law
Joint Custody Defined
2008-03-26 04:41:00
Michigan Compiled Law 722.26a Joint custody. Sec. 6a.
More About: Custody , Defined , Family Law
Best Interests of Child Defined
2008-03-26 04:39:00
Michigan Compiled Law 722.23 “Best interests of the child” defined. Sec. 3. As used in this act, “best interests of the child” means
More About: Child , Interests , Defined , Family Law
Action to Quiet Title
2008-03-24 18:34:00
Question: I bought 60 acres of commercial property ten years ago for $30,000.00. I did not file the deed with the Register of Deeds. The former owner again sold the property to his heirs for $50.00 last year and they recorded their deed. If they would have gone out and looked at the property, they would have seen that it was owned by someone else. Who should prevail in this situation?
More About: Action , Title , Quiet
1972 Will Leaves Out Children and Gives All to Ex-Wife's Mother
2008-03-20 20:57:00
Question: My father passed away recently. His will was from 1972. It leaves out four children from a previous marriage. It also leaves everything to his mother-in-law at the time, however, he divorced the woman to whom he was married at the time of the execution of the will. My sister and I were born after the will was made. What happens in this scenario?
More About: Children , Mother , Probate , Leaves
Kudos!
2008-03-18 22:30:00
"Dear Renee, Spectacular! Incredibly thoughtful and scholarly review of this unfortunate circumstance. You have given me strength to fight this landlord not just on behalf of my deceased mother but for all the other elderly tenants in this apartment (and there are quite a few of them) who were cajoled into signing this addendum. Regards and thank you for your response, J. S., Ph.D. Professor of Neurosciences Case Western Reserve University"
More About: Kudos
Death Clause in Lease for Rental Property - Michigan
2008-03-18 16:17:00
Question: My mother recently passed away unexpectedly at age 86. She was a 28 year renter of an apartment. After she died, I was notified by her landlord that he had gotten her to sign a lease addendum (when she was in her early 80's) that was specifically a "death clause." The clause states that, upon her death, her estate is forced to pay an early lease termination fee of 3 months rent. This is in addition to maintaining the rent monthly up until the time the apartment is vacated of all her belongings. I have scoured the internet and have found nothing like this anywhere in any lease. To me this is excessive and, indeed, unconscionable. Is this legal?
More About: Rental , Property , Michigan , Death , Lease
Bankruptcy - How People Use the System
2008-03-17 20:00:00
Representing clients in bankruptcy, I see how the system is used and am amazed at what I assess. Bankruptcy petitioners know how to use the system to live a lifestyle they could not otherwise afford.
More About: People , System
Trustee Performance - Bank's Breach of Duty
2008-03-15 05:21:00
Question: In 30 years, my trust account has not grown. Can I sue my bank trustee for poor performance? Michigan law regarding trusts is codified at
More About: Performance , Agency , Breach , Duty
What happens to my estate if I die without a will?
2008-03-12 23:49:00
This is a common question. If you die without a will, your estate will be probated according to your state's laws of intestate succession. In Michigan, these laws are codified at
More About: Estate , Probate
Kudos!
2008-03-11 23:09:00
Thank you very much for helping me and my family with our real estate ownership issue. Your advice on how to protect our interests and the documentation you prepared was top notch. We really appreciate your prompt responses and fair billing rates. We will certainly recommend you to others in need. Thanks again. Steve
More About: Kudos
Child Care Providers and Accommodation of Disabled Children
2008-02-29 07:28:00
Question: What are the rights of a child when a child care provider refuses attendance to a child recently diagnosed with Type I Diabetes? The provider is unwilling to accommodate the child. I understand federal law in regards to daycares, preschools and school accommodations but what about a child care center that accepts money from the state. Would it be subject to federal law? The Michigan Disabilities Act requires the centers to provide reasonable accommodations for disabled children. The Office of Civil Rights has ruled that diabetes care tasks are not unreasonable, yet in the settlement with KinderCare , insulin was not required to be provided as a reasonable accommodation. The failure to provide insulin would render the accommodation useless in that these children must have insulin to live. Am I to understand that there is not access to child care for a child with Type I Diabetes unless it is run by the school?
More About: Family , Children , Accommodation , State
What Creditors Cannot Do When Collecting Debt
2008-02-25 19:59:00
A frequent inquiry involves the question of creditors and whether they can speak with others about their debt. More generally, the issue is what can they legally do in order to collect a debt. The federal Fair Debt Collection Practices Act (FDCPA) and the Michigan Occupational Code set forth the law on debt collection practices. The FDCPA is codified at
More About: Creditors
Children and Safety Belts
2008-02-23 20:00:00
As parents, we want to make sure that we are following the law and protecting our children. So, what is the law on children and safety belts?
More About: Family , Safety , Children , State , Child
Ticket For Improper Use Of A Safety Belt
2008-02-22 02:17:00
Did you know that you can get a ticket for the improper use of a safety belt? In other words, if you are one of those people who tucks the shoulder strap of the safety belt, under your arm, you can get an enforceable ticket.
More About: Safety , Belt , Ticket , Civil
Thank You
2008-02-20 15:07:00
Thank you so much for your reply. Your answer is clear and concise and extremely helpful. I will be in contact in regards to filing. The internet and you, Renee, have bridged the gap of geography and distance. I am thankful and impressed. Regards, Melody
More About: Kudos
Trustee's Duty To Report - Court Oversight In Trust Administration
2008-02-20 10:12:00
"I am a beneficiary of my mother's estate which is being administered in Michigan. I would like to know if there is a law stipulating a time frame in which the personal representative, who is also the trustee must report to the other beneficiaries or heirs." The short answer is
More About: Report , Administration , Trust , Probate , Court
Should Decedent's Spouse Allow Voluntary Repossession of Personal Property
2008-02-20 01:07:00
My husband purchased a vehicle with financing and title in his name only. He has since passed away. The finance company told me that if I gave the vehicle back to them, it would be considered a voluntary repossession. I do not want the vehicle. What is my role in all this?
More About: Personal , Property , Voluntary , Probate , Spouse
What Is My Recourse If Debtor Dies And I Am Owed Money?
2008-02-18 20:28:00
My father-in-law passed away, leaving a son and daughter. What needs to be done to take care of her home and mortgage? The father's brother seems to be acting as executor, while I am paying mortgage payments, utilities, taxes.
More About: Money , Dies
How To Deal With Debt Collectors
2008-02-14 16:50:00
There is a way to stop the debt collectors from contacting you, with one hitch. If you use the method, then the collector's only option is to take you to court.
More About: Debt , Deal
What is an Arraignment? Is a lawyer needed?
2008-02-12 13:00:00
According to Black's Law Dictionary, an arraignment is a procedure whereby the accused is brought before the court to plead to the criminal charge against him in the indictment or information. The charge is
More About: Lawyer
The Michigan Lemon Law Applies to New Cars - What About Used Cars?
2008-02-09 22:01:00
Lemon laws differ among states, but do have elements in common. Usually "lemon" is defined, there is a limitation period during which the car will qualify as a lemon, and there is a form of arbitration required. Lemon laws apply to new cars. The Michigan Lemon Law is codified at
More About: Cars , Lemon , Used Cars , New cars
Lemon Law Applies to New Cars - What About Used Cars?
2008-02-09 22:01:00
Lemon laws differ among states, but do have elements in common. Usually "lemon" is defined, there is a limitation period during which the car will qualify as a lemon, and there is a form of arbitration required. Lemon laws apply to new cars. The Michigan Lemon Law is codified at
More About: Cars , Lemon , Used Cars , New cars , Lemon law
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