So you died without a will, how much does your spouse get?

In Michigan, someone who dies without a will dies "intestate."  Without a will, the heirs are determined through the rules of "intestate succession." If the decedent died intestate, these rules determine who will ultimately receive the decedent’s intestate "probate" estate*.  There are several general rules of intestate succession, and I've highlighted just the couple that are probably  relevant to most of you.  First, there are statutory allowances for spouse and dependents that are taken off the top.

 Then, apply the following:

A spouse is given priority over the decedent’s other living relatives.  If there are no surviving descendants or parents of the decedent, the decedent’s spouse is the sole heir, even though the decedent may have left surviving brothers and sisters or other relatives.

A surviving spouse receives the following:

If a decedent leaves no descendants (children) but leaves a surviving parent, the surviving spouse is only entitled to the first $221,000 of the decedent’s intestate estate.  The surviving spouse then receives only three-quarters of the balance and the surviving parent(s) receives one-quarter of the balance.

If all of the decedent’s descendants are also the surviving spouse’s descendants (children), then the surviving spouse can receive the first $221,000 of the decedent’s intestate estate.  The surviving spouse then receives 1/2 of the remainder and shares the balance equally with the decedent’s descendants (children).  What this means in clear language is that if Dad dies, Mom inherits the first $221,000 plus 1/2 of the residue and has to give the rest to her kids.

Sound complicated?  It is.  Having a will can "override" the defaults of the law mentioned above.  If you want your surviving spouse to get everything -- You can do that, in a will (or trust).

* Probate Estate:  Those assets that do not pass by operation of law to someone designated to receive them (i.e. life insurance policy) and are titled in only the name of the decedent, thereby requiring a probate estate to be opened for the decedent.

 Do YOU need a will?  Call me.

Attorney Clay Wittman,   www.wittmanlegal.com

Probate and Estate Planning

Crime against nature

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.158 Crime against nature or sodomy; penalty.

Sec. 158.
Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.158 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952
Former Law: See section 16 of Ch. 158 of R.S. 1846, being CL 1857, § 5871; CL 1871, § 7706; How., § 9292; CL 1897, § 11705; CL 1915, § 15479; CL 1929, § 16831; and Act 57 of 1923.

Just when State Marijuana laws were being eased . . .

With the trend throughout many states to loosen the penalties for personal Marijuana possession,  two teenagers in Washington State are being charged with Felony Marijuana possession.

Apparently, this past summer, the Washington State legislature made simple marijuana possession a FELONY for minors in their state.

Yet this is on the heels of that state legalizing adult recreational marijuana use and possession.

Who would have thought ?  ?  ?

Hopefully the legislature will address this gross disparity in the law.

Have you ever "Butt-Dialed" someone?

Do you know what that is?

Butt-dialing is when you put your cell phone in your pocket and the screen is not "locked", then when you move about, or sit down, you accidently hit the "redial" button, or a speed dial button.  Your phone then calls someone, who answers the phone and all they hear is silence, or a strange conversation.  The person who accidently dialed the phone normally has no knowledge that someone has been called.

But this article isn't really about the history of Butt-Dialing, but is about a recent 6th Circuit Appeals Court ruling that provides that a Butt-dialer has no expectation of privacy for any conversation being heard by the person being butt-dialed.  The 3rd party can even record the conversation.  The reason this case went to the Circuit Appeals court is that there are cases out there where the conversation overheard was used against those involved in the conversations in a criminal proceeding.

The 6th Circuit Appeals court opined that a butt-dialed conversation is the equivalent of leaving your blinds open, and it's not an invasion of your privacy for someone to look in the open window.

So if you want to ensure you don't butt-dial someone, make sure your phone is "locked" prior to putting in your pocket (or your purse).

If you are not a Michigan Resident and are stopped for speeding, kindly pay the officer $100

If you drive with a drivers license from out of state--ie non-resident (or you have friends visiting you with an out of state license) there is a little known law that requires the Michigan police officer, upon stopping you for a civil infraction (i.e. speeding) to TAKE YOUR LICENSE,  or TAKE YOUR $100, or TAKE YOUR GUARANTEED APPEARANCE CERTIFICATE.

Because I don't even know what constitutes a guaranteed appearance certificate, I'm sure most of you don't know either, and probably don't have one in your car.

The Bottom Line is this:  If a non-resident is stopped, the police will take their license unless they post a $100 "bond" to ensure that the driver will show up in court in Michigan.

For those who follow the law, you can find it at MCL 257.749

What you can do to get stopped by the police

Ok, so nobody WANTS to get stopped by the police, but it is surprising to me how often I see three common infractions of the law. Any of these infractions could be a reason for you to be pulled over.

1. Tinted windows.  Tinted windows for either the driver or front passenger are Illegal in Michigan (unless you have a doctor's note saying you require the tint).

2. Obscuration of your license plate.  How many cars have brown or black smoked plastic coverings over their license plate?  Looks COOL, but it is a violation of law.

3. Seatbelts.  Yes they are REQUIRED for the front-seat occupants in Michigan.  Local Police have set up special enforcement zones recently to ticket drivers who don't wear their seatbelts.  Oddly, occupants in the back seats that are 16 years old or older don't have to wear them.

How you WONT get a ticket.  Unmanned Red light cameras and Speed Cameras -- they are currently not allowed in Michigan.  Unfortunately,  this is also a prime reason we have so many red-light runners.  Those small cameras you see at intersections are NOT red light cameras, they are safety cameras that monitor traffic.  BUT, stay tuned, there are legislators in Lansing that want to make them legal state wide.

Don't get me wrong, I'm a big supporter of our police officers, but I'm also a Criminal Defense Attorney who wants to help you to be in compliance with the law, before you meet our police on the street.


Clay Wittman is a Criminal Defense Attorney in Kentwood, MI.
www.wittmanlegal.com

Do you know the laws about what you MUST do even if you only had "a reason to believe" you may have just been involved in an automobile accident?

The answer may surprise you.  As with any other area of the law, ignorance is no excuse.

The Michigan Motor Vehicle code provides us the answers in Sections 257.617 through 257.622.

First, if you know, or have reason to believe, that you had been involved in an accident resulting in personal injury or ANY property damage you must stop at the scene, or face a misdemeanor criminal citation.

Furthermore you MUST provide the following at the scene:

(a) your name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided.

(b) Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

Again, failure to provide the information or help mentioned in (a) and (b) above could also result in a (another) misdemeanor criminal citation against you.

Furthermore, The driver of a motor vehicle involved in an accident that injures or kills any person, or that damages property to an apparent extent totaling $1,000.00 or more, shall immediately report that accident at the nearest or most convenient police station, or to the nearest or most convenient police officer.  Again, failure to do so, could result in a (another) criminal citation.

The BOTTOM LINE is this:  Stop even if you just think you may have hit something, or something hit you.  Render assistance to any injured party, and call the police.  If the police don't respond, exchange your personal information with the other driver.  Then call the police again!