Gormley Law Offices, PLC Gormley Law Offices, PLC 2026-07-23T15:45:53Z https://www.gormleylawoffices.com/feed/atom/ WordPress /wp-content/uploads/sites/1204246/2022/09/cropped-f-icon-32x32.jpg On Behalf of Gormley Law Offices, PLC <![CDATA[10 mistakes that can hurt your Michigan child custody case]]> https://www.gormleylawoffices.com/?p=50888 2026-07-23T15:45:53Z 2026-07-23T15:44:14Z ink on a divorce decree eventually dries, but the consequences of a child custody arrangement will shape a child’s future for years to come. Divorce marks a period of profound transition, and for parents, the primary goal is often to shield their children from the fallout of a dissolving marriage. However, the intense emotions and legal complexities inherent in these proceedings frequently lead well-meaning individuals to make strategic errors that can jeopardize their parental rights and the emotional well-being of their children.  Navigating these negotiations requires a clear mind and a focus on long-term stability rather than short-term victories. When parents allow anger or a desire for retribution to drive their decisions, the children often pay the highest price. This article identifies the most common mistakes parents make during child custody negotiations and provides guidance on how to avoid them to help better ensure a peaceful and productive outcome for the entire family. 

Common errors 

Michigan courts prioritize the best interests of the child when determining custody arrangements. Making any of these mistakes could seriously damage your position in court:
  1. Not spending enough time with the child – Although you may have two households it remains important to take time with the children. This can include helping with daily routines like getting to and from school as well as attending important functions like games and parent teacher conferences. Not only do courts look into how much time you spend with your child but medical professionals also note that this time helps children transition more successfully into post divorce life.
  2. Badmouthing the other parent – Speaking negatively about your co-parent to your child or on social media demonstrates poor judgment. The other parent can use this as evidence against you during custody negotiations.  
  3. Violating existing court orders – Failing to follow temporary custody arrangements or parenting time schedules shows disrespect for the legal process.
  4. Refusing to cooperate or communicate – Courts generally favor parents who demonstrate willingness to work together for the child's benefit.
  5. Involving your child in the dispute – Asking children to choose sides or relay messages to the other parent places unfair emotional burden on them.
  6. Displaying anger or hostility in court – Losing your temper during hearings or depositions reflects poorly on your ability to provide a stable environment.
  7. Neglecting documentation – Failing to keep records of parenting time, expenses and communications can leave you without evidence to support your claims.
  8. Introducing new romantic partners too quickly – Exposing your child to a revolving door of relationships raises concerns about stability.
  9. Substance abuse or criminal activity – The court will heavily scrutinize any involvement with drugs, alcohol or illegal behavior.
  10. Failing to maintain a suitable home environment – An unsafe or unstable living situation directly impacts custody decisions.
Judges examine these factors when applying Michigan's best interest factors, which guide all custody determinations in the state.

Protecting your parental rights

Child custody cases are an important part of the divorce process which require careful attention to both legal requirements and practical considerations. By avoiding these common mistakes and demonstrating your commitment to your child's wellbeing, you strengthen your position significantly. Consider working with an experienced Michigan family law attorney who can guide you through this challenging process and help you make decisions that serve your child's best interests.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[5 signs an estate executor may be breaching a fiduciary duty]]> https://www.gormleylawoffices.com/?p=50882 2026-06-26T03:18:38Z 2026-06-27T04:00:22Z Why an executor's legal responsibilities matter An estate executor, also called a personal representative, holds a position of trust. This role requires honest choices, careful recordkeeping and fair treatment of all beneficiaries. When an executor ignores those duties, you may notice patterns that deserve closer review:
  • Communication becomes limited: You receive few updates, and the executor does not explain financial activity or key decisions.
  • The process takes too long: Some estates need more time, but long delays without a clear reason can raise concern.
  • Property appears mishandled: Assets seem missing, undervalued or sold for much less than expected.
  • Personal interests seem to come first: The executor appears to benefit personally or favor certain heirs over others.
  • Important information is withheld: You cannot access records, notices or details that beneficiaries generally have a right to receive.
A single concern does not always prove misconduct. However, several warning signs together often justify a closer look at how the estate is being handled. Under Michigan Compiled Laws, a personal representative must manage the estate for the benefit of all interested persons, not for personal gain. If the executor breaches that fiduciary duty, the probate court may order an accounting, require repayment, restore estate property or remove that individual from the role.

Protecting your interests during estate administration

If something feels wrong, acting quickly is often important. Delays can make money harder to trace, records harder to find and relief more difficult to seek. You may start by saving documents, messages and financial details related to the estate. These materials can help show what happened and when concerns began. Legal guidance can also help you understand possible remedies. An attorney may request a formal accounting or seek appropriate relief through the probate court.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[What every Michigan breadwinner needs to know about asset division]]> https://www.gormleylawoffices.com/?p=50880 2026-06-24T15:57:43Z 2026-06-24T15:57:43Z The joint venture perspective Michigan courts generally view a marriage as a joint venture where both parties work toward a common goal. This means that while one spouse was out earning the capital, the other was often managing the domestic infrastructure that made that earning possible. Judges evaluate several factors when determining how to divide a marital estate equitably, including:
  • The length of the marriage and the age of each spouse
  • The source of the property and how it was maintained
  • The domestic labor or sweat equity provided by the non-earning spouse
  • The future needs and earning capacities of both individuals
These and other factors ensure that the court looks at the entire history of the relationship rather than just a bank statement.

Why fairness isn’t only about math

Michigan is an equitable distribution state, which means assets are divided fairly but not always perfectly down the middle. For older couples with significant assets, the court recognizes that a spouse who stayed home contributed to the earning capacity of the breadwinner. Understanding that non-financial work has legal value can change how you view a settlement. When both parties accept this framework early, they often avoid the high costs of long court battles. This mindset helps families reach a predictable resolution through mediation rather than fighting over every dollar.

The financial impact of supporting a spouse’s career

In long-term marriages, the starting point for dividing property in a Michigan divorce is frequently (but not always) a 50/50 split. Even if you were the sole breadwinner, the law recognizes that your spouse’s sacrifice of their own career allowed you the freedom to succeed. This legal reality is something both parties must navigate during a divorce to work toward a stable financial future for both people.
]]> On Behalf of Gormley Law Offices, PLC <![CDATA[Protecting Your Home from Probate: Lady Bird Deeds Explained]]> https://www.gormleylawoffices.com/?p=50853 2026-05-26T05:18:36Z 2026-05-26T05:18:36Z Probate can take 12 to 18 months in Michigan and cost thousands of dollars in court and legal fees. If you own a home, a Lady Bird Deed may let your family skip that process entirely.

Why probate creates problems for Michigan families

When a homeowner dies without a probate-avoidance plan, a court oversees how their property transfers. That process is public record, which can expose your family's financial details. It can also delay your heirs' access to the home for months.  Michigan law supports several ways to transfer real estate outside of probate, including tools grounded in the Michigan land title standards.

How a Lady Bird Deed works

A Lady Bird Deed, also referred as Enhanced Life Estate Deed, lets you name beneficiaries for your home while keeping full control during your lifetime. You can sell, refinance or change beneficiaries with no consent. When you die, the property transfers to your named beneficiaries by filing a death certificate with the county register of deeds. No court involvement is required.

How Lady Bird Deeds compare to other options

Several tools can help you avoid probate. Each works differently:
  • Living trust: Offers broader planning flexibility but may require more ongoing management.
  • Joint ownership: Simpler to set up but could create problems if a co-owner faces debt or a relationship changes.
  • Traditional life estate deed: Transfers your home outside probate but removes your right to sell without beneficiary approval.
A Lady Bird Deed avoids those drawbacks because you keep full control while you are alive.

What to watch out for

A Lady Bird Deed is not the right fit for every situation. Certain factors could limit how well it works for your family. Common concerns include:
  • Multiple beneficiaries: Co-heirs may disagree about the property after you pass.
  • Remarriage: A future spouse could have competing claims to the home.
  • Medicaid planning: The deed must be correctly drafted to protect the home under MDHHS estate recovery rules.
Speaking with an attorney before signing is the safest way to avoid costly mistakes.

Take a closer look at your estate plan

A Lady Bird Deed can be a practical and affordable way to protect your home and spare your family from probate. Whether it fits your situation depends on your goals and family structure. Consulting with an attorney can help you understand your options and review your Lady Bird Deed options in Michigan before you decide.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[Protecting your Michigan home from probate with Lady Bird Deeds]]> https://www.gormleylawoffices.com/?p=50826 2026-05-12T13:52:49Z 2026-05-12T13:43:20Z Michigan families hope to avoid probate because the process can take time, increase expenses and add stress during an already difficult period. In some situations, probate may last several months or longer and cost thousands of dollars in legal and court related fees. Court filings also usually become part of the public record, which may create privacy concerns for your family. As a result, you may want to explore estate planning tools that could help transfer your home outside the probate court system. One option that often appeals to Michigan homeowners is the Lady Bird Deed.

How Lady Bird Deeds function

A Lady Bird Deed, which some people call an enhanced life estate deed, allows you to name beneficiaries for your home while keeping control of the property during your lifetime. Michigan law and title standards generally recognize this type of deed as a valid way to transfer real estate. With a Lady Bird Deed, you may usually:
  • Continue living in your home without disrupting your daily life
  • Sell, lease or refinance the property if your circumstances change
  • Update your beneficiaries later if your family goals shift
When you record the deed, your beneficiaries receive a future interest in the property. However, you generally keep full control over the home during your lifetime. You may still sell the property or change the beneficiaries if needed. After your death, the property will often transfer directly to your beneficiaries without probate court involvement.

How different tools compare

Several estate planning tools may help you avoid probate, although each option works differently. For example, living trusts can provide privacy and broader planning benefits, but they may require more paperwork and ongoing management. Joint ownership may seem simpler at first, yet it could create issues if relationships change or if a co owner experiences financial problems. A Lady Bird Deed may offer a middle ground because you generally keep control over the property during your lifetime. Unlike some traditional life estate arrangements, your beneficiaries usually cannot block a sale or mortgage while you still own the home. You may also want to understand how Michigan law addresses non-probate transfers and creditor concerns. For example, Michigan Compiled Laws recognizes several forms of non-probate transfers that may support broader estate planning goals.

What potential risks exist

Before choosing a Lady Bird Deed, you may want to consider how it fits into your overall estate plan. Certain family and financial situations can affect how well this option works for your needs. Common concerns may include:
  • Remarriage issues involving a future spouse’s possible interest in the property
  • Multiple beneficiaries who may disagree about the home later
  • Beneficiary debt that could affect the property after the transfer
Because every family situation differs, coordinating this deed with the rest of your estate plan may help reduce the risk of future disputes.

A tailored path forward

A Lady Bird Deed may offer Michigan homeowners a practical way to reduce probate concerns while keeping control over an important asset. However, your family structure, financial situation and long term goals will often determine whether this option fits your needs. You can schedule a consultation to discuss whether a Lady Bird Deed may fit your Michigan estate planning goals.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[What is a Lady Bird Deed and How Does It Work in Michigan?]]> https://www.gormleylawoffices.com/?p=50822 2026-04-27T05:08:04Z 2026-04-27T05:08:04Z If you own a home in Michigan, you may have options to pass it to your heirs without going through probate. A lady bird deed is one tool that could help you do that while keeping full control of your property.

A lady bird deed in practice

A lady bird deed lets you transfer your home to a named beneficiary at your death without court involvement. Unlike a traditional life estate, you keep the right to sell, mortgage or lease the property at any time without your beneficiary's approval. Michigan law classifies this type of transfer under MCL 700.6101 as a nonprobate transfer. That means the property passes directly to your beneficiary by operation of law. The beneficiary receives nothing until you die or stop owning the property.

Key benefits to consider

A lady bird deed may offer several advantages over other transfer methods. Here are some reasons Michigan homeowners use them:
  • Probate avoidance: Your home passes to beneficiaries without going through the court process.
  • Retained control: You can sell or refinance without getting your beneficiary's permission.
  • Medicaid planning: The deed is generally not treated as a completed gift, so it may not trigger a lookback penalty.
  • Tax benefits: Beneficiaries may receive a step-up in basis, which can reduce capital gains on a later sale.
Each benefit depends on your specific circumstances, so outcomes can vary.

What you should know about limitations

A lady bird deed is not right for every situation. Some title insurance companies and lenders are unfamiliar with this type of deed. Multiple beneficiaries must agree on what to do with the property after your death. Disagreements could lead to legal disputes. Self-drafted deeds also carry a higher risk of errors that may make the transfer invalid.

Talk to an estate planning attorney

A lady bird deed can be a useful part of your estate plan but it works best when it fits your overall goals. Speaking with an attorney can help you understand how this type of deed applies to your property and your family's situation.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[5 financial mistakes to avoid during a Michigan divorce]]> https://www.gormleylawoffices.com/?p=50817 2026-03-25T19:23:00Z 2026-03-25T19:23:00Z financial errors early helps you secure a better outcome.

Forgetting to secure retirement accounts

Retirement funds often represent your largest pool of wealth, but they are not immediately accessible. You cannot simply withdraw funds and hand them to a spouse without facing steep tax penalties. Michigan courts use specific legal orders to divide these accounts safely. Consider these factors when reviewing your retirement portfolio:
  • The difference between the current cash value and the future growth potential
  • Tax penalties associated with early withdrawals or improper transfers
  • The use of a Qualified Domestic Relations Order (QDRO) for 401(k)s or specific "transfer incident to divorce" rules for IRAs
Failing to account for these details can significantly reduce your net worth. You need a strategy that looks 20 years ahead.

Overestimating the benefit of keeping the house

Keeping the marital home often feels like an emotional victory. However, a large house typically comes with high property taxes and ongoing maintenance costs. You might find yourself "house poor" if you trade liquid investments for real estate equity.

Underappreciating the value of a business

If you own a company, your spouse may be entitled to a portion of its value. Michigan law generally distinguishes between "enterprise goodwill," which is divisible, and your "personal reputation," which often is not. You must accurately value the business to ensure a fair distribution.

Ignoring the after-tax value of assets

Not all dollars hold the same value in a divorce settlement. A $100,000 savings account is worth more than a $100,000 traditional IRA because of future tax obligations. You must evaluate every asset based on its "net" value after the government takes its share.

Commingling private inheritances

Michigan is an equitable distribution state, and courts typically presume a 50/50 split of marital property. If you mix your inheritance with joint funds, you risk converting it into a marital asset. You must trace the origins of your wealth to keep separate property out of the general pot. Keep these items in mind regarding separate property:
  • Documentation of assets you owned before the wedding date
  • Records of inheritances or gifts kept in individual, nonjoint accounts
  • Exceptions where a court may "invade" separate property if your spouse contributed to its growth or lacks sufficient support
Properly identifying these assets prevents them from being split unnecessarily. A skilled divorce lawyer helps ensure that your rights remain protected during this transition.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[What a Lady Bird Deed can mean for your Michigan home]]> https://www.gormleylawoffices.com/?p=50798 2026-05-06T21:00:18Z 2026-03-03T12:47:03Z Figuring out how your home will pass to loved ones can create legal headaches. Selling, refinancing or unexpected medical costs can complicate things. Without careful planning, your property might get stuck in probate or affect Medicaid eligibility.  Also called an enhanced life estate deed, a Lady Bird Deed gives you a way to plan ahead while keeping full control. You can stay in your home, make decisions about it and still choose who inherits it after your death.

Keeping control while planning ahead

The “magic” of a Lady Bird Deed lies in how it protects your rights as a homeowner. Unlike a traditional life estate deed, a Lady Bird Deed lets you:
  • Sell or refinance your property without asking anyone else
  • Change the beneficiary or revoke the deed at any time
  • Continue living in the home without restrictions
  • Avoid probate when the property passes to your heirs
These features can provide flexibility if your situation changes. You may also benefit from planning that reduces the risk of gift taxes and supports Medicaid eligibility, which can be especially important in Michigan. Working with a lawyer can also help ensure the deed is prepared correctly and aligns with your long-term goals.

How it works in Michigan

Creating a Lady Bird Deed usually starts with drafting the deed with your legal assistance. You then record it with the county, making it official.  During your lifetime, you maintain full ownership, so everyday decisions remain yours. At your death, the property automatically transfers to the named beneficiary without going through probate. This transfer can save time, reduce costs and provide peace of mind. Even though you retain control, questions often arise: 
  • Can you sell the home? Yes. 
  • Can you change your mind later? Absolutely. 
  • Will this affect your property taxes? Generally, no, because the transfer only takes effect after your death.
Understanding these details can help you plan ahead with confidence. A Lady Bird Deed isn't the right solution for every situation — its benefits depend on how your property is titled, your estate planning goals, and your family's needs. Our Michigan estate planning attorneys can help you determine whether a Lady Bird Deed makes sense for your home and how it fits into your overall plan.

A smarter way to pass on your home

Ready to find out if a Lady Bird Deed is right for your Michigan home? Our estate planning team serves families throughout Livingston and Ingham Counties and offers a free one-hour initial consultation. Call us at [nap_phone id="LOCAL-CT-NUMBER-2"] or reach out online — we'll help you understand your options and build a plan that works.]]> On Behalf of Gormley Law Offices, PLC <![CDATA[What do Michigan courts mean by the best interests of a child?]]> https://www.gormleylawoffices.com/?p=50797 2026-02-18T15:29:08Z 2026-02-18T15:29:05Z What does it mean to have a child’s “best interests” in Michigan? Under Michigan Compiled Laws Section 722.23, courts must consider a list of factors when deciding custody. No single factor automatically controls the outcome. Instead, the judge weighs all relevant factors based on the evidence presented. Major factors judges may consider to determine a child’s best interests include:
  • The emotional ties between the child and each parent
  • Each parent’s capacity to offer love, guidance, education and religious upbringing
  • Each parent’s ability to offer clothing, medical care, attention and other material needs
  • The amount of time a child spends living in a stable environment and the importance of maintaining continuity
  • The permanence of the custodial home
  • The moral wellness of the parties
  • The physical and mental health of the parties
  • The child’s home, school and community record
  • The child’s preference, if the court determines the child is old or mature enough
Other factors include each parent’s ability and willingness to facilitate a close relationship between the child and the other parent, as well as whether or not a parent has a history of abuse or domestic violence. Michigan law requires courts to specifically address domestic violence, even if the violence was not directed at the other parent. Michigan courts also use other factors they deem relevant in a custody dispute.

What is the significance of parenting time in Michigan?

Parenting time must also serve the best interests of a child. Courts generally presume that it is in a child’s best interests to have a strong relationship with both of their parents, unless parenting time would endanger the child’s physical, mental or emotional health.

What does this mean for parents?

Ultimately, judges rely on evidence to help them decide what is best for a child. Helpful evidence may include school and medical records, documented parenting schedules, communication showing cooperation and credible witness testimony. Concerns such as domestic violence, substance abuse, unstable housing or failure to follow court orders can significantly affect the court’s analysis. By focusing on the statutory factors and demonstrating a stable, child-centered plan, parents can align their custody requests with what Michigan courts are legally required to decide. This way, parents can prove that they will prioritize the well-being, security and growth of their children.    ]]> On Behalf of Gormley Law Offices, PLC <![CDATA[3 Michigan asset considerations that can create a complex divorce]]> https://www.gormleylawoffices.com/?p=50793 2026-01-20T15:35:34Z 2026-01-20T15:35:34Z Divorce brings not only a legal division of assets, but also an emotional one. When a marriage includes valuable assets that you hold dear, the process can feel even heavier. In Michigan, divorce courts focus on a just outcome rather than fixed formulas. That approach can help, but it can also create uncertainty. Knowing what issues often arise can make the process feel more manageable. Here are three factors that often affect divorces with complex assets.

1. Michigan uses a fairness standard, not a 50-50 split

Michigan follows equitable distribution. This means courts divide marital property in a way they believe is right and just. A fair result is not always equal. Judges may look at how long the marriage lasted, how each spouse contributed and what each person may need in the future. This matters when assets include businesses, retirement accounts or investments. Clear expectations can help reduce conflict and support more productive discussions.

2. Separate property can still affect the final outcome

Some assets may start as separate property. This often includes property owned before marriage or received through inheritance. In Michigan, however, the increase in value during the marriage may be shared. This can happen when both spouses helped support or grow the asset. Even indirect support may matter. These issues can surprise people and lead to disputes if they are not addressed early.

3. Property in another state still matters in Michigan divorce cases

Many couples own property outside the state. While Michigan courts may not control property in another state, they can still consider its value. Vacation homes, rental units or inherited land elsewhere may affect the overall property division. Resolving these issues may require extra steps and careful planning. Addressing them early can help avoid delays after the divorce is final. Dividing property requires thoughtful attention to help preserve financial security and peace of mind during a time of change.

Finding stability in your next chapter

Divorcing with valuable assets can feel like losing a big part of your life, with the right support, you can protect your financial interests while working toward a fair result. Speaking with a Michigan family law attorney can provide guidance based on personal goals and financial needs.]]>