Creighton McLean & Shea PLC

Livonia Family Law Blog

Signs that it's time to divorce

We all know when we're ready to live a life that's free of a burdensome relationship. Nevertheless, many of us will try to stick through the hard times and endure a situation that's just plain wrong. If you're experiencing something like this, you know who you are.

There are many reasons to divorce, and by all means, simply having the desire to get a divorce is reason enough. However, if you're currently facing one of the following problematic relationship challenges, your decision to divorce should be immediate:

Are you inheriting an IRA or 401k?

The good news about that is that generally, you will be able to treat that account as a "spousal rollover IRA if inheriting from your spouse. If the owner is not your spouse, you may be able to treat it as an Inherited IRA or "Stretch IRA," which has some significant tax advantages to you.

Don't let one of these estate planning mistakes impact you

Are you concerned about tackling the estate planning process? Are you worried that you could make a few mistakes that cause you and your family harm? Are you hoping to adjust your approach in order to avoid this situation?

Any estate planning mistake, even one that is minor, could cost you and your family time and money. Furthermore, some mistakes, such as forgetting to create a will or trust, could lead to serious problems for your loved ones after your passing.

Digital Estate Plan

Estate planning mainly centers on planning for tangible assets, like property you own, investments, bank accounts, family heirlooms and other items of value. But, you may want to include provisions for your digital assets. That includes things like:

How do I protect my children from our divorce?

When two parents choose to divorce, their children often are more than affected any other members of the family. Unfortunately, some parents choose to stay in unhealthy marriages instead of respectfully moving on because they fear that the divorce may leave their children with emotional baggage for the rest of their lives.

This is a reasonable fear, and one that grounded in a strong desire to keep children from unnecessary harm. However, keeping children in a family situation that is truly past its expiration date also presents a number of serious emotional and developmental dangers.

Information on Kevin McLean's Brief on Internet Restrictions

Kevin McLean, an Associate with Creighton McLean & Shea, PLC, worked in conjunction with SADO (State Appellate Defender's Office) while he was a student at the University of Detroit Mercy School of Law. During the Fall 2015 term, Kevin wrote a brief for the Michigan Court of Appeals challenging computer and internet restrictions imposed on a SADO Clinic client as a condition of that client's probation. The Court of Appeals initially denied leave to appeal, however, the Michigan Supreme Court remanded the case for review by the Court of Appeals.

What is a Property Transfer Affidavit?

A Property Transfer Affidavit is a form that notifies the local taxing authority of a transfer of ownership of real estate. It is required by law, so that the local taxing authority knows (a) who owns the property, (b) where to send the tax bill, (c) whether the property is entitled to the lower "homestead" tax rate, and (d) whether it is time to adjust (or "uncap") the property taxes. The law requires a new owner to file this within 45 days after a transfer of ownership. Generally, a transfer will cause the property taxes to be "uncapped," but there are many exceptions to that rule. If you fall under one of those exceptions, and you select the correct exception on the form, you may be able to avoid a property tax increase. But the law is very precise; we recommend that you consult with an experienced real estate lawyer at Creighton McLean & Shea PLC whenever you transfer property, to be sure you tax advantage of any exception that you may be entitled to.

Parental alienation can ruin relationships

Parental alienation is a serious accusation, but it is one that the courts have to take seriously. Parental alienation can come in a few forms, but in every situation, one parent is speaking or acting in a way that makes the couple's children begin to feel hurt, disgusted by or afraid of the other parent. This alienation technique is sometimes used to try to eliminate the other parent from the children's lives, even when they should still be allowed visitation or custody.

It can be hard to deal with parental alienation, particularly because what the children say may have some sway in court. With enough prompting, a court could even end up eliminating a person's custody rights or visitation completely.

How does exercise help the brain?

Information shows that memory decline actually starts at age 25 and continues throughout our life. Since there are no medicine or medical treatment to reverse mental decline, what can we do to maintain our memory?


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Livonia, MI 48154

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