Lisa J. Peterson, P.L.L.C. - Attorney & Mediator
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Driving Related Offenses and Representation
Certificate of Trust Existence
Stopped By The Police?
Avoid Probate and More with a Living Trust
Don't Wait - Draft a Will

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Child Custody
Conflict in Co-Parenting
Criminal Law
Drunk Driving
Estate Planning
Mediation
Medical Marijuana
Police
Probate
Probation
Sentencing
Step-Parenting
Trusts
Wills
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My Blog

Driving Related Offenses and Representation

Drunk Driving
 
The primary drunk driving charge in Michigan is called OWI, which means,"Operating a Vehicle while Intoxicated."  The charge is often referred to as DUI or DWI.If you took a breath test (PBT), you may also have a ticket that refers to UBAC,which means "Unlawful Bodily Alcohol Content." UBAC is one of the waysa prosecutor can try to convict you of OWI. If you have been charged with OWIor any drinking and driving offense, either as a misdemeanor or as a felony,you need representation by an attorney who practices drunk driving defense, OWIdefense, and driving related issues.

Certificate of Trust Existence

 
A Certificate of Trust Existence is not always required but a good idea. Here are some reasons why...
 
As provided in MCL 565.431,et seq., a certificate of trust existence and authority (referred to as a “certificate of trust”) or the entire trust declaration may be filed at a register of deeds office.
 
Filing either a certificate of trust or the entire trust declaration when real property is placed into trust is beneficial and, in some cases, necessary for the orderly administration of the trust (allowing for smoother transfer of real property held by the trust).

Stopped By The Police?

 
It happens to just about all of us, whether we are driving or walking, we get stopped by the police. The two situations present two very different scenarios to consider.
 
What if a police officer stops you while you’re walking down the street or sidewalk? The officer may think you are doing something illegal or violating the law. It is also possible a crime was committed in the area and the officer believes you can either help or that you fit the description of the assailant. Whatever the reason, the first best thing you can do is remain calm.

Avoid Probate and More with a Living Trust


Probate is the legal process that oversees what happens to a person’s estate (e.g. property, money, etc.) after death. Probate courts administer, inventory, tax and distribute a person’s assets, which is usually expensive and time consuming. Many people want to avoid probate for this reason.
While there are a growing number of ways to transfer property outside of probate, a living trust is a great tool, with many advantages.
 
People typically equate having a trust with wanting to avoid taxes or having a lot of wealth but there is much more to using a trust.

Don't Wait - Draft a Will

 
Simple and straightforward estate planning can offer enormous, invaluable protections. Where does one begin? Answer – with the basic estate planning tool that I believe everyone should have—a will.
 
A will is simply a document that tells the court how you want your estate handled and distributed upon your death. Many people do not think they own enough to justify a will. If you own a home, car, furnishings and/or an insurance policy, you are definitely worth enough to have a will.
 

Basic but Essential Estate Planning

Nearly everyone over age 18 should consider executing (at least) three basic estate planning documents:
 
1) will,
 
2) durable power of attorney for finances, and
 
3) durable power of attorney for health care.
 
The older and more complicated your life gets (e.g. job/career, marriage, children, investments, etc.) the more important these documents become - to protect you, your family, your money and property.
 
This post will focus on Durable Powers of Attorney.
 
What is a Durable Power of Attorney?

Medical Marihuana in Sentencing

Are you a medical marihuana patient facing criminal charges for a non-drug related crime? If so, and you are convicted (by plea or other determination), you can face severe penalties in sentencing.
 
Most sentencing terms (that do not include jail time) require random drug testing. If a random drug test is positive or you skip the drug test you can face jail time or the original punishment for the crime (particularly if you entered a plea deal). Failing to successfully complete the terms of your sentencing can have very negative consequences.

Effect of Ongoing Disagreements Between Divorced Parents on Children

Conflict in families is a normal part of life. It is how we learn to deal with conflict outside of our small circle - out in the big world. But conflict in divorcing or divorced families can be more than anyone can or wants to deal with.
 
The good news is that divorced parents have a lot more control over minimizing the conflict than is typically realized or acknowledged.Parents can learn to work well with each other but they have to stop being influenced by their anger or by others (misery loves company and insecure people thrive on creating conflict).

The Role and Responsibilities of New Partners or Stepparents

Being a stepparent is probably one of the most difficult roles an adult ever assumes. Going in with few expectations, a lot of flexibility and a commitment to make little to no impact is a good rule of thumb.
 
Almost without fail problems arise when a stepparent gets into a relationship with a legal or biological parent, someone with children. Blending a family is not an easy undertaking and requires an enormous amount of selflessness and adaptability on the part of the stepparent.
 
In my view there are three issues that seem to arise more frequently than others with stepparent introductions and/or transitions:

Mediation and the Best Interests of the Child

In Michigan the law presumes it is in the child's best interests to have a strong relationship with both parents. What does that mean? The language seems firm and clear, likely to lead to good decisions and outcomes. Despite this firm language the presumption rarely seems to successfully translate into a physical custody arrangement that truly mirrors the best interests of the children. Why is that? Well while the presumption is an important one, it is one that actually invites biases rather than helps dispel them.
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