Emily Evers, Attorney at Law

Guardianship for Your Children

It's hard for a parent to imagine not being able to raise their child(ren), but unfortunately it happens. Parents can designate ahead of time a guardian for their child(ren) in their Last Will and Testament otherwise the court will appoint someone and rarely do they appoint someone that is not family.

For information on how to select a guardian, check out the below website. For legal assistance, feel free to call me at (616) 364-2900.

https://www.nolo.com/legal-encyclopedia/guardianship-children-30227.html

Guardianship for Your Children Choose a personal guardian -- someone to raise your children in the unlikely event you can't.

My parents and I watched the Whitecaps game last night in the Super Suite with my work. The food was delicious and the people were amazing. 

Last week, the Michigan Supreme Court released an Order retaining, rescinding, and amending Michigan Court Rules. Notably, Michigan will continue to utilize videoconferencing (ie. zoom) for court procedures. Videoconferencing allows flexibility for people to attend court procedures.
https://www.courts.michigan.gov/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/adopted-orders/2020-08_2022-08-10_formor_pandemicamdts.pdf

www.courts.michigan.gov

Trivia Question: who can name the most areas of law?

This article has some great estate planning tips. Let me know if you want to discuss anything from the article.

https://money.usnews.com/money/personal-finance/articles/estate-planning-tips-to-keep-your-money-in-the-family

Keep Your Money in the Family With These 5 Estate Planning Tips The inheritance you leave could be eaten away by taxes or given to the wrong person. Here are five tips to avoid that.

Information about a Ladybird Deed (in Michigan)

-A Ladybird Deed allows a property owner to deed property to themselves for during their life time and list a beneficiary for the property that automatically transfers about the owner's death.

-A Ladybird Deed is not considered a transfer for gift purchases, which means the beneficiary does not pay taxes upon receiving the property.

-A Ladybird Deed is not a divestment for Medicaid purposes, so the owner can leave the property to someone without fear of being denied future Medicaid benefits.

-A Ladybird Deed is automatically transferred upon death providing protection from creditors.

-A Ladybird Deed transfers without probate, which allows a smooth transference of real property.

For more information about a Ladybird Deed or to have a Ladybird Deed prepared, feel free to call me at (616) 364-2900.

My firm sponsored the Ladies Golf Invitational yesterday.

Trivia Question: As of February 2022, approximately how many people are licensed to practice law in Michigan?

Information about Personal Protective Orders (PPOs)

-A PPO is a court order for if you receive threats, violence, or harassment against you.

-There are three types: domestic relationship PPO, non-domestic stalking, and non-domestic s*xual assault PPO.

-A domestic relationship PPO can protect you from a spouse, ex-spouse, your child's other parent, someone you live with or used to live with, and someone you are dating or used to date,

-A non-domestic stalking PPO can protect you from someone you are not in a domestic relationship with that is stalking you.

-A non-domestic s*xual assault PPO specifically protects you from someone who you are not in a domestic relationship with that s*xually assaulted you or threatened to do so.

-You can file for a PPO with the county circuit court. You can request an ex parte PPO hearing where the other party will not be present but there is a higher standard of proof required to prove the need for a PPO. Otherwise, you can request a hearing where the other party will be served the PPO request and have the chance to attend the hearing to defend themselves, which requires a lower standard of proof.

For more information or assistance with filing for a PPO, feel free to contact me at (616) 364-2900.

Random Law: May 25th and September 30th each year are designated as "Memory Days" for the purpose of improving and beautifying cemeteries throughout the state and the graves in them. (If the day occurs on a Sunday, the following Monday is the substitute "Memory Day") MCL 128.121

What should you do when considering a divorce?

1) Consider attending personal counseling and/or marriage counseling to see if your marriage can be saved or if its time for a divorce.

2) Gather originals or copies of tax returns, retirement accounts, credit card accounts, titles and deeds to property, and other important documents that show debts and assets.

3) Start planning about where you will live and support yourself during the divorce process when assets have not been divided and then after the divorce.

4) Be smart about social media, emails, and text messages because these can be used as evidence in a divorce.

5) Decide whether you want or need legal assistance. Lawyers, like me, educate you on the law, explain your rights, and work hard to protect your rights.

*Feel free to contact me at (616) 364-2900 for more information about filing for a divorce.

Random Law: The federal government defines what it means to be a macaroni product with specific dimensions. 21 CFR 139110(b-d).

-Macaroni is the macaroni product the units of which are tube-shaped and more than 0.11 inch but not more than 0.27 inch in diameter.

-Spaghetti is the macaroni product the units of which are tube-shaped or cord-shaped (not tubular) and more than 0.06 inch but not more than 0.11 inch in diameter.

-Vermicelli is the macaroni product the units of which are cord-shaped (not tubular) and not more than 0.06 inch in diameter.

Photo Credit: https://www.pexels.com/search/macaroni/

My coworker, Andrea Remynse Koop, will be competing this week at the Beer City Open. My firm is also sponsoring the event. Let me know what you think if you check it out.

Random Law: It is illegal for a person to engage, or attempt to engage, in any weather modification activity in the United States unless he or she abides by the requirements in 15 USCA 330a.

This law originated during the Vietnam Conflict when the United States was conducting research on the use of weather as a military strategy. It's safe to say that Flint Lockwood's experiments in the movie "Cloudy with a Chance of Meatballs" would be illegal without U.S. government approval.

The Fair Debt Collections Practices ACT (FDCPA) is a federal law that governs debt collection practices. The FDCPA, prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

Under the FDCPA, debt collectors include collection agencies, debt buyers, and lawyers who regularly collect debts as part of their business. There are also companies that buy past-due debts from creditors or other businesses and then try to collect them. These debt collectors are also usually called debt collection agencies, debt collection companies, or debt buyers.

If you need help dealing with a debt collector or need help collecting on a debt, feel free to contact me at (616) 364-2900.

Random Law: If ketchup is runny, it is legally no longer ketchup. The federal government regulates how thick ketchup has to be in order to be labeled ketchup. Also, the federal government spells it "Catsup" with its alternative names being "ketchup" and "catchup."

The consistency of ketchup must be so thick that its flow is not more than 14 centimeters in 30 seconds at 20 degrees Celsius (68 degrees Fahrenheit) in a Bostwick Consistometer. 12 CFR 155.194(1)(b).

Photo Credit: https://image.made-in-china.com/44f3j00MNOUetLCCRkz/ASTM-F1080-Tomato-Ketchup-Bostwick.jpg

Frequently Asked Questions About Divorce

1) How long does it take to get divorced in Michigan?

-If there are no minor children, a divorce may be granted in 60 days if everything has been resolved. There is a 60 day mandatory waiting period.

-If there are minor children, a divorce may be granted after 6 months if everything has been resolved. There is a 6 month mandatory waiting period.

2) Are there residency requirements to file for divorce in Michigan?

-Yes, you have to have lived in the state for 180 days and in the county for 10 days.

3) What are the grounds for a divorce in Michigan?

-Michigan is a "no fault state", which means that fault is not required to be proven in order for the divorce to be granted. The only ground for divorce in Michigan is that there has been a "breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." This means that a divorce will be granted even if the other party objects to it.

-Fault is not a basis for the divorce but can be used in the court's determination of child custody, property rights, and spousal support.

4) Do I have a right to a jury trial in a divorce?

-No; cases are heard by judges only in family law courts.

5) Does every case go to trial?

-No; most cases settle in mediation.

For other questions, feel free to contact me at my office at (616) 364-2900.

Fun Facts about July 4th: U.S. Independence Day

-On July 4, 1776, the Declaration of Independence was officially adopted, printed, and memorialized with the ringing of the Liberty Bell in Philadelphia, Pennsylvania.

-Each year, the Liberty Bell is tapped 13 times by descendants of the Declaration’s signers to commemorate the patriots from the 13 original colonies.

-In some of the first celebrations of July 4th, mock funerals for England's King George III were celebrated.

-The vote for the Declaration of Independence occurred on July 2nd, and John Adams, to his death, refused to celebrate on July 4th and believed that July 2nd should have been Independence Day.

-The Declaration of Independence took until August to be signed by all parties.

-Eating salmon on July 4th is a tradition in some New England areas.

-Hotdogs and beer are the most popular food and beverage of choice.

Photo Credit: https://commons.wikimedia.org/wiki/File:Liberty_Bell_icon.svg

I work for the Law Office of Bosch Killman VanderWal, which has provided legal services to a wide variety of clients, both commercial and individuals, since 1910.

We offer legal services for bankruptcy, business, collections, environmental, estate planning, family law, litigation, mediation, personal injury, and real estate.

Feel free to check us out at https://www.bkvpc.com/home and call us at (616) 364-2900.

Random Law: It is illegal in the United States to write a check for less than $1.00. 18 U.S.C. § 336.

In 1874, the value of metal in coins exceeded their face value leading some to hoard change and use alternative forms of payment to avoid using the coins. Although still a law, it is unlikely that it will be enforced today. However, there is not much you can buy today that is under a dollar anyway.

National Insurance Awareness Day!!

I bet an insurance company started this day. Regardless, did you know my firm practices in insurance defense by representing insurance companies when they are inevitably sued.

Even though we practice in insurance defense, we also represent individuals who are victim to a personal injury. Whether the personal injury results from a vehicle accident, product malfunction, or an accident, my firm can assist you with your lawsuit.

Service Animal versus Emotional Support Animal

Under the federal Fair Housing Act, landlord and housing facilities must allow service animals and emotional support animals for people with a disability in order to ensure an equal opportunity to use and enjoy the housing. Given the services provided by a service animal, a service animal is also allowed to travel with the person to public places per the federal American Disability Act. However, emotional support animals are limited to exceptions in housing and not allowed in public places or hotels.

In order to have a service animal, you must have a disability and you must have a disability related need for the animal meaning the animal must work by performing tasks or services related to the disability. An example of this would be someone that has physical limitations with a need for a dog to pick up items or open doors. Another example would be a dog that notifies its person of an upcoming seizure or diabetic shock.

An emotional support animal provides people with mental health or psychiatric disabilities a therapeutic benefit (emotional support, comfort, or companionship). An example of this would be someone who suffers from depression or anxiety.

In order for an emotional support animal to be approved for housing, a letter must be provided to your landlord from a doctor or therapist explaining that the dog provides a therapeutic benefit for a disability. Although there are advertisements online where you can receive a certification for an emotional support animal for a fee, these are not necessary and not guaranteed to be approved. You are better off talking with your personal doctor or therapist about whether you meet the requirements for an emotional support animal.

For more information or legal assistance, feel free to reach out to me at (616) 364-2900.

Random Law: The last Sunday in June of every year in Michigan is named "log cabin day." See MCL 435.241.

"Log Cabin Day" began in 1987 as part of Michigan's sesquicentennial (150th) celebration to commemorate log cabins and the important role they played in Michigan's earliest days.

Do you where the oldest log cabin in Michigan that still exists is located?

Today marks fifty years since the passage of Title IX granting woman protection and rights in sports and like activities.

"No person in the United States shall, on the basis of s*x, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." 34 CFR 106.

For more information, check out https://www.history.com/this-day-in-history/title-ix-enacted

My firm and co-workers giving back to the community.

I hope everyone's Monday is going well so far. I would appreciate it if you would invite your family and friends to like/follow my page.

Photo Credit: https://www.dreamstime.com/thank-you-your-support-speech-bubble-black-magnifier-isolated-yellow-background-image225109900

Starting this year, tampons and other menstrual related products are sales tax free.

https://www.fox17online.com/news/local-news/grand-rapids/michigan-tampon-tax-officially-no-more

Michigan 'tampon tax' officially no more The so-called tampon tax in Michigan, a sales tax placed on menstrual products, is officially no more starting Thursday. Individuals can now head to the store and purchase these products sales tax free.

Happy Father's Day!!

The nation's first Father's Day was celebrated on June 19, 1910, in the state of Washington but did not catch on until 1972 with President Nixon (58 years after Mother's Day became official) that the day honoring fathers became a nationwide holiday.

https://www.history.com/topics/holidays/fathers-day

Father’s Day 2022 The nation’s first Father’s Day was celebrated on June 19, 1910, in the state of Washington. However, it was not until 1972—58 years after President Woodrow

Happy Juneteenth!!!

Juneteenth combines the words "June" and "Nineteenth" together in celebration of June 19, 1865, when Union Troops rode into Galveston, Texas to announce that the Civil War was over and all enslaved people were free. This marked the day where the last slave was freed in the United States.

Although on January 1, 1863, President Lincoln signed the Emancipation Proclamation (Executive Order) freeing slaves, not all slaves became free because of the ongoing Civil War.

https://www.history.com/news/what-is-juneteenth

What Is Juneteenth? Juneteenth (short for “June Nineteenth”) is a holiday commemorating this day, which marked the effective end of slavery in the United States.

This change will help students be more prepared for life as an adult.

https://www.michigan.gov/whitmer/news/press-releases/2022/06/16/whitmer-signs-bill-updating-michigan-curriculum-to-include-financial-literacy-course

Whitmer Signs Bill Updating Michigan Curriculum to Include Financial Literacy Course Governor Gretchen Whitmer is a lifelong Michigander. She is a lawyer, an educator, former prosecutor, State Representative and Senator. She was the first woman to lead a Senate caucus. But the most important title she boasts is MOM. Inspired by her family, she’s devoted her life to building a .....