Standard & Berry, PLLC Standard & Berry, PLLC 2025-03-31T14:09:55Z https://www.standardberry.com/feed/atom/ WordPress /wp-content/uploads/sites/1604856/2023/09/cropped-site-icon-1-32x32.jpg On Behalf of Standard & Berry, PLLC <![CDATA[The Fourth Amendment, police searches and you: What to know]]> https://www.standardberry.com/?p=249975 2025-02-11T15:37:07Z 2025-02-11T15:37:07Z What would you do if the police knocked on your door and asked to enter your house? You think you can refuse to allow them to enter, but they may imply that – by doing so – you’re doing something wrong. You’re not. The Fourth Amendment protects people from unreasonable searches and seizures. What this means is that the police must take legal steps before they can search a home, vehicle or person. 

When are the police permitted to make searches?

There are a few conditions that would allow the police to conduct a search without your express permission. Typically, the police would obtain a warrant from a judge. This warrant would allow the police certain liberties to search a home or vehicle. The warrant would specify when and where the search can take place. In other words, if a search warrant only allows the police to search a garage, they may not have the right to search the rest of the suspect's house.  The police can also make searches under the "plain view" doctrine. For example, if the police notice a weapon or open bottle of alcohol during a traffic stop, they may conduct a search and seize the evidence for a criminal case. They're also permitted to make searches "incident to an arrest," which means that your vehicle and person will be searched if you are charged with a crime at a traffic stop. Finally, there are a few emergency situations that can permit a police officer to search someone's house or car -- such as when there are allegations that a person inside is in immediate danger.

What happens to illegally obtained evidence?

There are times when the police go too far and conduct searches they shouldn't. When the police violate your constitutional rights, then the evidence they collected during an illegal search could be inadmissible in court. This is one defense strategy to protect you from criminal charges. Whatever your situation, it's wise to know your rights. If you're facing charges, legal guidance can help.]]> On Behalf of Standard & Berry, PLLC <![CDATA[How is alimony determined in Michigan?]]> https://www.standardberry.com/?p=249973 2025-01-28T14:02:20Z 2025-01-28T14:02:20Z There are several issues to consider when couples divorce. Custody arrangements, child support and property division are all a part of untangling a marital relationship. One concern for many spouses is whether they will have the financial resources to support themselves when the marriage ends. 

What is the purpose of alimony?

Michigan family law courts aim to ensure that after a divorce, both parties can maintain a standard of living similar to the one they had while married. In some marriages, one person was the primary breadwinner and the other earned a lower wage or was financially dependent on the other. Without alimony, that spouse could easily fall into poverty. Therefore, it closes the gap until such a time when the spouse can become self-sufficient. There is no “one-size-fits-all” approach to determining alimony or whether it will even be awarded. Instead, the courts consider a variety of factors, including:
  • The duration of the marriage. Longer marriages are more likely to result in alimony awards as one spouse may have sacrificed a career to raise a family, making it more likely they are dependent upon their employed spouse.
  • Age and health of both spouses, especially if one has medical conditions that limit their ability to work.
  • The earning capacity of each spouse, such as job skills, work history, current income and opportunities for education or job training.
  • The standard of living the couple had during the marriage.
Not only do the courts determine the amount of alimony, but they can also specify how long it will last. There are a few types of alimony, including:
  • Temporary alimony is awarded for a specific period of time to allow the receiving spouse to gain education or skills and find employment.
  • Permanent alimony is typically only awarded in long-term marriages when the receiving spouse is elderly or has health conditions preventing them from becoming self-supporting.
If you believe you should receive alimony as part of your divorce settlement, it’s essential to have someone help you gather the necessary documents and present a compelling argument as to why you need and deserve spousal support.]]> On Behalf of Standard & Berry, PLLC <![CDATA[Irrevocable trusts may simplify an estate plan]]> https://www.standardberry.com/?p=249972 2025-01-13T19:56:11Z 2025-01-13T19:56:11Z People who are creating an estate plan usually want to ensure their assets are passed down to the loved ones they choose. This can be done through the will; however, some people find that using trusts is the preferable option.  Trusts are all categorized as either revocable, meaning they can be changed after they’re created, or irrevocable, meaning they can’t be changed without court or beneficiary approval. Because of the permanency of an irrevocable trust, they have very specific benefits.

Ease of transfer

An irrevocable trust makes it much easier for your loved ones to get the assets they’re due. These trusts don’t have to go through the court process, so it’s possible to get them the assets faster than what would be possible if they had to go through probate. 

Protection of assets

Once an irrevocable trust is established and funded, the assets in it are controlled by a trustee instead of the creator. This enables those assets to be protected from creditor claims against the creator. 

Potential tax benefits

Some people who establish irrevocable trusts do so because the assets within the trusts are excluded from the estate. This can reduce the overall value of the estate, which may help to reduce the taxes owed on the estate. People who are interested in establishing an irrevocable trust as part of their estate plan should ensure they do so in a legally valid manner. Working with a professional who can assist with this may be beneficial to reduce stress and increase peace of mind regarding the trust. ]]> On Behalf of Standard & Berry, PLLC <![CDATA[When is possessing an AutoProPAD in Michigan illegal?]]> https://www.standardberry.com/?p=249952 2025-01-06T19:45:52Z 2025-01-06T19:45:52Z Lawmakers and law enforcement professionals have struggled to keep up with the increasingly sophisticated technology included in today’s vehicles. Despite increased security tools that let people monitor their vehicles remotely from their phones, these newer models can actually be easier to steal than older ones That’s why Michigan recently became the latest state to pass a law addressing AutoProPADs. These and similar devices are being used to steal individual cars as well as multiple vehicles from dealership lots – creating significant financial losses. Devices like AutoProPADs let someone program a new key code for a key fob. This makes it quick and easy to access the car and drive it away without breaking into it. Since more and more vehicles are started simply by having a key fob near the ignition rather than by turning a key, it’s been estimated that 80% of auto thefts now involve using an AutoProPAD or other device that programs key fobs.

Possession with intent to steal

The new law makes possession of one of these devices a felony if it can be proven that someone had it with the intent to use it for theft. A conviction carries a five-year prison sentence. That can be doubled if a person is proven to be involved in a theft ring. Some lawmakers and others opposed to the law argue that proving someone’s intent can be a tricky thing. One lawmaker asked, “Are we getting into a place where people…could be punished for something they haven’t done yet?” He also said he has “concerns over how this law would be implemented in different communities, specifically communities of color.” Those who support and welcome the law contend that it’s often obvious what someone’s intent is. For example, many people are caught in or near a car with such a device. AutoProPADs, of course, have legitimate purposes. Locksmiths, for example, use them to aid people who have been locked out of their cars. Some states (although not yet Michigan) require locksmiths, dealerships and others who use the devices legitimately to have a special license to possess them. Any criminal charge associated with vehicle theft can have serious, long-term consequences. If you or a loved one is facing such a charge, regardless of the circumstances, it’s critical to get sound legal guidance.  ]]> On Behalf of Standard & Berry, PLLC <![CDATA[Is it illegal to text and drive in Michigan?  ]]> https://www.standardberry.com/?p=249953 2025-01-03T13:16:23Z 2025-01-03T13:16:23Z It is imperative to exercise extreme caution while driving, as even a brief moment of distraction can have devastating and potentially fatal consequences. In Michigan, authorities enforce strict texting and driving laws to ensure the safety and well-being of all road users.   If you are facing a driving violation charge, it is essential to have a comprehensive understanding of these laws to navigate the situation effectively. The following information may provide you with a thorough understanding of the state's regulations.  

What are the consequences of distracted driving?  

In Michigan, it’s illegal to manually use a cell phone or any electronic device while driving. This means you cannot hold or use your phone with any part of your hands, arms or shoulders. The goal is to minimize distractions, ensuring drivers keep their eyes on the road, hands on the wheel and mind focused on driving.   Texting, making calls, browsing the internet or using social media while driving are off-limits. These actions fall under distracted driving, which is a primary offense in the state. Law enforcement can stop you and issue a citation for this offense, even without committing other violations.   The penalties reflect the seriousness of this issue. You face a $100 fine or 16 hours of community service for a first violation. If you continue to break the law, you must pay a higher fine and may even need to complete a driving improvement course. The fine doubles if you cause an accident because you use your mobile phone while driving.  

Why do you need legal help?  

If you’re facing charges for violating these laws, seeking legal help is critical. An experienced attorney can guide you through the legal process, help you understand your rights and work towards minimizing the consequences. Remember, being informed and prepared may help make a significant difference in the outcome. ]]> On Behalf of Standard & Berry, PLLC <![CDATA[Do children inherit their parents’ debts? ]]> https://www.standardberry.com/?p=249735 2024-11-20T16:21:14Z 2024-11-20T16:21:14Z When someone passes away, their adult children often inherit their assets. This may occur because they are the natural descendants or next of kin if the deceased dies intestate. Typically, however, individuals create an estate plan naming their children as beneficiaries and specifying how their assets should be divided. But do debts work the same way as assets? If parents still have a home mortgage or outstanding credit card bills, do their children have to take on those obligations? What about things like property taxes or unpaid income taxes at the time of death?

The estate pays down the debts

Adult children generally do not have to worry about directly inheriting their parents' financial obligations. That would only happen if they are cosigners on a loan. For example, if a child and their parent took out a mortgage together, the child would remain responsible for the payments after the parent passes away. However, if the mortgage is solely in the parent’s name, the child is not obligated to make payments. They had no involvement in taking out the loan. Instead, the estate is used to pay off remaining debts. This responsibility typically falls to the estate executor. The executor will settle outstanding taxes, pay off credit cards and handle other obligations. Once all debts are satisfied, the remaining assets are distributed to the beneficiaries. As such, beneficiaries may inherit less money than anticipated. If the estate has more debts than assets, the available funds will be depleted. However, the children will not inherit any unpaid debts. Creating a clear plan for addressing both assets and debts is one of the best reasons to develop a comprehensive estate plan. Understanding the legal options and steps involved can provide clarity and peace of mind.]]> On Behalf of Standard & Berry, PLLC <![CDATA[4 qualities to look for in an executor]]> https://www.standardberry.com/?p=249734 2024-11-13T17:27:54Z 2024-11-13T17:27:54Z The executor you choose to administer your estate plan should possess qualities best suited for the role. While this matter can be subjective, depending on the nature of your estate and personal preferences, some qualities are integral to the performance of an executor's duties. Here are four of those qualities:

1. Responsibility

An executor should be responsible. They should be able to perform their duties competently, including communicating with beneficiaries and interested parties, paying debts, filing tax returns, managing properties and so on.  Further, they should be well-organized, keeping accurate records of the estate's assets and financial transactions. They should be able to provide an accurate accounting of the estate's assets and expenses when needed.

2. Excellent communication skills

An executor needs excellent communication skills, as they will communicate with different parties when performing their duties. They need to inform beneficiaries and interested parties about the will going to probate, keep beneficiaries informed about the estate and probate and negotiate repayment terms with creditors.  Additionally, your executor should communicate with other professionals involved in your estate plan, such as your lawyer and financial advisor. Thus, selecting someone not much good at communication to administer your estate may be unwise. 

3. Financial stability

It helps when an executor is financially stable. This is because they can purchase a surety bond to be appointed when required by the court. Besides, financial stability indicates they have the skills to manage their finances. Therefore, they can successfully manage yours before distribution.

4. Age and health

It's not recommended to choose an executor who is much older than you, as you could outlive them. Additionally, pick an executor whose health will allow them to serve without difficulties. These are a few examples of the qualities to look for in an executor. Once you find the most suitable party, consider legal guidance to validate their appointment. ]]> On Behalf of Standard & Berry, PLLC <![CDATA[What types of evidence are inadmissible? ]]> https://www.standardberry.com/?p=249733 2024-10-31T20:35:16Z 2024-10-31T20:35:16Z The key aspect of all criminal cases is evidence. It falls on the prosecution to offer evidence that proves guilt beyond all reasonable doubt.  Defendants are presumed innocent until proven guilty, and not all evidence is admissible in court. What types of evidence are inadmissible?

Evidence obtained in unlawful searches 

The police commonly conduct searches and seizures to gather evidence. These searches must be carried out according to the law. The Fourth Amendment of the U.S. Constitution protects all citizens from unlawful searches and seizures. Searches must be conducted with a valid warrant based on probable cause. The only exceptions to this are if there are exigent circumstances (such as someone’s life being in danger) or if officers received consent to search. 

Forced confessions 

Confessions are frequently used as evidence and they often result in a conviction. However, confessions must be legitimate. This means that they must have been given voluntarily and not through coercion. Coerced confessions can be struck out by the court.

Evidence that lacks probative value 

Valid evidence must have probative value. This means that it must be highly relevant to the case. Irrelevant evidence lacks probative value and can be deemed inadmissible. An example of such evidence would be a witness who did not see the alleged offense but has a personal grievance against the defendant. On the other hand, a witness who was there at the time of the alleged offense and has no personal ties to the defendant would have probative value.  You have the right to test the evidence against you. Seeking legal guidance will help you formulate the best possible defense strategy.   ]]> On Behalf of Standard & Berry, PLLC <![CDATA[What are the different types of pet trusts?]]> https://www.standardberry.com/?p=249731 2024-10-15T18:07:04Z 2024-10-15T18:07:04Z When planning your estate, you may be wondering how you can plan for your pets to better ensure their care and well-being after you’re gone. One way to do this is by establishing a pet trust. A pet trust is a legal arrangement that helps ensure your pets are cared for according to your wishes by allocating funds and designating a caregiver. If you’re considering establishing a trust for your pets, there are three types of pet trusts you can choose from.

Statutory pet trust

If you choose this option, your pet is placed in the care of the trust itself, with a designated trustee tasked with managing the funds and selecting a caregiver. The trustee makes sure that the funds are used to cover your pet’s needs according to your wishes. While you can designate a specific person to care for your pet, the trustee has the flexibility to find another suitable caregiver if that individual is unable or unwilling to take on the responsibility. This helps prevent any potential complications that might arise from directly leaving your pet to someone.

Honorary pet trust

In an honorary pet trust, you assign the responsibility of caring for your pet to a chosen individual and allocate a certain amount of money for this purpose. The funds are conditional, meaning the caregiver will only receive them if they follow your specified instructions for your pet's care. Although this type of trust is well-known due to its representation in popular media, it is viewed as outdated and is not typically favored by courts today.

Traditional pet trust

A traditional pet trust enables you to assign the care of your pet to a specific individual while also providing the necessary funds for their expenses. This type of trust grants you considerable control over your pet's future care, allowing you to outline details such as the level of care to be provided, what should occur if the chosen caregiver is unable to continue their duties and instructions for the handling of your pet’s remains after they pass away. If you are not sure which type best fits your wishes, getting legal guidance can help clarify your options.]]> On Behalf of Standard & Berry, PLLC <![CDATA[How do motorists get distracted?]]> https://www.standardberry.com/?p=249728 2024-10-07T19:00:08Z 2024-10-05T18:06:45Z If you were injured in a collision you need to consider all possible factors that may have contributed to the crash. Doing so could mean the difference between receiving compensation or not. One factor you should never overlook is distraction. Driver distraction is a massive problem and most motorists are far more distracted than they realize. People often think it is just about refraining from using your phone, but distraction is far more complex than that.

The 3 forms of distraction

A motorist can be distracted in one of three ways, and often they are distracted in all three ways at once. Here are the three ways:
  1. Cognitive distraction: If your brain is thinking about something else other than what’s happening on the road around you, then cognitive distraction is at play. That applies whether you are thinking about the driver who cut you up half a mile back, worrying about an exam, trying to remember which number house your friend lives at or wondering whether the restaurant you saw advertised is worth stopping at.
  2. Visual distraction: What are you looking at when you drive? Any time you take your eyes off the road, you are visually distracted. It’s true whether you are reading a billboard, looking in the mirror to see if that was your ex walking on the sidewalk, or turning to talk to your current partner in the passenger seat.
  3. Manual distraction: You’ll see people carry out all sorts of manual tasks while driving from drinking to picking their nose, from cleaning their glasses to stroking their dog or changing out of their clothes. Anything that inhibits your ability to use your feet on the pedals or hands on the wheel is a manual distraction.
If you are involved in a collision, learning how to search for evidence of distractions that might have affected the other parties involved could help you get the compensation you need.]]>