Frequently Asked Questions

Estate administration is the legal process of settling a person’s estate after they pass away. It typically involves appointing a Personal Representative through the Probate Court, identifying heirs and beneficiaries, notifying creditors and interested parties, and gathering and managing the deceased person’s assets. The process ensures debts are addressed and assets are properly distributed according to the will or Michigan law.

It depends on your custody arrangement. If you have sole legal custody, you may be able to move without court approval. However, most parents share joint legal custody, which typically requires filing a petition with the court before moving out of state or more than 100 miles from where the case began. The court will review several factors, known as the D’Onofrio factors, to determine whether the move is in the best interests of the child.

Child support is a parent’s legal obligation to financially support their children. It is calculated using the Michigan Child Support Formula and is largely based on income and the number of overnights each parent has with the children. Courts must approve any deviation from the formula. Spousal support, also known as alimony, is financial support paid to a former spouse. Unlike child support, it is more flexible and based on several factors, including income, health, earning ability, and conduct during the marriage.

A collaborative divorce is a process where both spouses work together to reach an agreement on property division, custody, and support without going to court. It is designed to be cooperative rather than adversarial. Both parties must agree to participate in the collaborative process, and it is generally not appropriate in cases involving domestic violence.

Child custody and parenting time are related but distinct concepts. Custody refers to a parent’s legal rights and responsibilities, including decision making and where the child primarily lives. Parenting time refers to the schedule that determines when each parent spends time with the child. Michigan courts use statutory factors to determine custody arrangements based on the best interests of the child.

Yes. Everyone should have at least basic estate planning documents in place, including Financial and Medical Powers of Attorney, to ensure someone you trust can act on your behalf if you are unable to do so. A will or trust also helps direct how your assets are distributed and can reduce complications for your family. Estate planning is especially important if you own property, have been divorced, or have a blended family.