Monthly Archives: August 2013

I have written posts in the past about lawsuits – how they usually do not get resolved when they should when the parties take the matter personally. Never is this more evident than when fights erupt over a deceased loved one’s wishes about “who gets what” – so to speak. Estate Litigation cases are veryContinue reading “Avoiding Estate Litigation – And Why a Corporate Trustee Could be a good idea.”

No one likes to be wronged. But there are plenty of good reasons to avoid acting on that gut response of suing for everything you feel you are entitled to.   There is a reason why closely held companies can sometimes result in some of the most bitter lawsuits – the relationships between business partnersContinue reading “Business Disputes In Closely Held Companies: A Warning Why Business Partners Should Not be Quick to File Lawsuits”

I was recently in Probate Court over the settlement of an Estate Litigation Case. The facts were a classic case of a family dispute that inevitably bubbles up into a lawsuit – I. FACTS Elderly Dad is a widower, lives by himself. His 6 kids are grown and living their own lives out of town. Dad,Continue reading “Lesson From Court: Unresolved Family Issues Can Be Costly”

I just met with a client (lets call him “Mr. Martin”) who was “added to the deed” of some real estate owned by “Mr. Smith”. The parties’ relationship has since then deteriorated; with that questions naturally arise: what to do with the property? Who owns what? What are each parties’ rights? In coming to aContinue reading “Real Estate Disputes Between “Tenants in Common””

  I had posted an article in June that I drafted about Adverse Possession: https://jeshualaukalegalnews.wordpress.com/2013/06/26/squatters-rights-how-easy-is-it-to-acquire-property-by-adverse-possession/ The contested matters that I handle on a routine basis are business, real estate, and estate matters. All of these matters are contentious – real estate matters seem to take on a different level  of discord- simply put, people get realContinue reading “Real Estate Boundary Disputes: What is Acquiescence?”

I was recently in Court for a hearing that involved a contentious business dispute. Suffice it to say, that parties will not be doing business together any time soon.   This case provides an excellent illustration to individuals and companies considering creating a new business relationship It reveals some of the pitfalls that anyone couldContinue reading “Lesson From Court: Pitfalls of a “Backwards Business Formation””

  In order to limit liability, many real estate owners will form a Limited Liability Company to hold their investment property.  In order to enforce the LLC’s rights in court, the most common scenario being evicting a non paying tenant, Michigan law requires a business entity to have an attorney appear on the entity’s behalf.Continue reading “Real Estate Law Update: Proposed Michigan HB 4830 Would Allow Businesses to Represent Themselves at Landlord/Tenant Hearings”

The pressure to “get it right” when bidding at sheriff Sales. Simply put, it can be a costly decision. I have a case right now where we will be holding an evidentiary hearing to determine whether or not the Judge will set a minimum sale price that can be bid at foreclosure I was remindedContinue reading “The Recent 6th Circuit Court of Appeals Decision of In Re Miller and Why Banks Should Bid Thoughtfully at Sheriff Sales.”