Kuiper Kraemer PCFindLaw IM Template2024-03-13T12:01:43Zhttps://www.k2legal.com/feed/atom/WordPress/wp-content/uploads/sites/1402370/2021/11/cropped-favicon-32x32.pngOn Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499912024-02-07T15:31:35Z2024-02-07T15:31:35ZDozens of pedestrians die each year in Michigan
According to data reported late in 2023, there has been an alarming increase in pedestrian deaths across Michigan in recent years. Between 2020 and 2022, there was a 17% rise in the number of pedestrian fatalities reported around the state.
Researchers also noted that October was the deadliest month for pedestrians in Michigan. These tragic cases contribute to an alarming national trend, which sees roughly 20 people die after leaving for a walk or job every single day somewhere in the country.
In 2021, there were 183 pedestrian deaths, and there were approximately eight injuries for every fatality. The state recorded 1,453 pedestrian injuries in 2021, and preliminary data from 2022/2023 indicate the risk levels have not much improved.
Obviously, people should not have to give up walking or jogging just because other people don't make safety a top priority. However, those who intend to be out on West Michigan roads may need to think about how to keep themselves safe. Choosing roads with lower speed limits, crossing at obvious locations and even wearing visibility gear could all help reduce someone's chances of a pedestrian crash. If a driver does strike a pedestrian, then the injured person or their surviving family members may have grounds for an insurance claim or possibly a lawsuit.
Ultimately, understanding what activities create the most personal risk may help people prioritize their safety out on the streets.
]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499832024-01-13T04:01:34Z2024-01-13T04:01:34ZMichigan dog bite laws
Michigan follows a strict liability rule when it comes to dog bites. Essentially, dog owners are held responsible for any bite-related injuries or damages caused by their pets, regardless of the animal’s previous behavior. Dog owners in the state must be vigilant and take proactive measures to prevent their pets from posing a threat to others.
Ensuring that your dog is adequately restrained, whether on a leash or within a secure enclosure, is fundamental. This can help prevent unexpected incidents and can ensure the safety of your pet and those around you. Supervision is also crucial, especially when your dog is around unfamiliar individuals, children or other animals. Being attentive to your dog’s behavior can help you intervene if necessary, avoiding potential issues.
Consequences of violating dog bite laws
The state’s strict liability approach means that consequences for violating dog bite laws can be severe. Dog owners may be held financially liable for damages resulting from a dog bite incident unless the bite victim provoked the dog. In extreme cases, serious dog bite incidents can lead to legal action, including fines and potential restrictions on dog ownership.
Reporting dog bites
If your dog bites someone, taking immediate action is essential. For starters, you should try to ensure that the person bitten receives prompt medical treatment. Remember, even minor bites can lead to infections, so addressing the issue at an early stage is crucial. Additionally, in compliance with state law, you’ll want to report the dog bite incident to local authorities. This helps create a record of the incident and can ensure that proper measures are taken to prevent future incidents.
Owning a puppy comes with the responsibility of understanding and adhering to the state’s dog bite laws. By proactively preventing incidents and being aware of your responsibilities, you can cultivate a happy and healthy relationship with your canine companion.]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499812023-12-08T14:45:07Z2023-12-08T14:45:07Zat a 60-year low in Michigan, many people begin the divorce process in January, often for a few common reasons.
People have already made the decision
The most obvious reason why one spouse files for divorce right after the holidays is that they had already made that decision before Christmas or likely even before Thanksgiving. However, either because of existing plans or concern for children, they decided to wait to file until after the end of the holiday season. People may spend the holidays trying to work through their issues with their spouse or gather the documentation they need to pursue a divorce in the new year.
The stress of the holidays forces the decision
A period of reflection is common as the holidays approach or as people enjoy time away from work. Many adults will take stock of their lives, find things to feel grateful for and begin setting goals for the future. A review of the last year or last several years might lead someone to conclude that their marriage has a net negative effect on their life. Particularly when the holidays trigger conflict between spouses, people may start to rethink their relationships toward the end of the year.
Disappointment with the holidays can also potentially lead to a divorce filing. Someone consistently frustrated by or disappointed with their spouse might expect them to make up for it with a special holiday celebration. When the holidays disappoint or possibly trigger a substance abuse issue in either spouse, people may start questioning whether it is time to move on from a dysfunctional marriage.
Many people start talking with divorce lawyers in January, but it may take several months before they are ready to file divorce paperwork. Understanding the correlation between holiday celebrations and divorce filings may help people evaluate whether their thoughts of divorce are impulsive or possibly a sign of a deeper underlying issue with their marriage.]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499792023-11-24T12:13:12Z2023-11-24T12:13:12ZNot acting in the best interest of the estate
Not everyone has the organizational skills and follow-through necessary to manage an estate. When beneficiaries and family members can show that the personal representative of an estate has made mistakes or oversights with financial consequences, they can take the matter to court. Anytime the personal representative of an estate has harmed the estate through mistakes, oversights or incompetence, those expecting to inherit from the estate could ask the courts to intervene and remove them from their position.
Misrepresenting personal circumstances
If the beneficiaries of an estate can show that the personal representative intentionally misrepresented their circumstances in probate court to secure their position, that can lead to litigation. The courts can potentially remove a personal representative who lied about their residence, their schedule or their relationship with the testator to obtain their position. Particularly when someone has a conflict of interests or a history of mismanaging financial resources, a misrepresentation of material facts could justify their removal from their position.
Becoming unable to manage the estate
There are many reasons why someone serving as the representative of an estate can no longer do so. Perhaps they have health challenges that affect their cognition or ability to attend court. Maybe they recently got arrested and are now in state custody. If a personal representative is no longer capable of performing the responsibilities inherent in their role, beneficiaries of the estate can seek to remove them from their position. Someone who has refused to follow court orders or the instructions provided by the testator could also end up removed from their position as estate administrator.
Recognizing when Michigan law allows family members to remove a representative can potentially help people protect the inheritance someone left for them when something is going wrong. Seeking legal guidance promptly in this regard is generally wise.]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499472023-08-31T16:56:18Z2023-08-31T16:56:18ZDay-to-day obligations
The drop-off and pick-up times at schools for different ages of children can be very inconvenient for professionals with first-shift schedules. Parents may need to make use of flexible scheduling benefits or even paid leave on the days that they bring the children to school or pick them up. Then there are the days that lead to disruptions because of disciplinary issues or health challenges. A fight with a classmate or a flu virus might mean that one of the children in the family requires retrieval from school at 10:00 in the morning and then care for the rest of the day. Adults in the family need to have a plan to meet those daily care needs for the children effectively.
Extracurricular activities
As children mature, their opportunities for enrichment activities, including sports and academic clubs, will expand. Most of these activities will cut into evening and weekend time, which can have an impact on co-parenting schedules. There are also many expenses to cover. Adults either need to find a way to share those special events and obligations or divide them. From the cost of equipment to an agreement on who will attend games, there are many ways in which extracurricular activities can create challenges for Michigan co-parents if they don't discuss sports and similar enrichment activities ahead of time.
Academic performance
The stress of changing family circumstances often manifests in a drop in academic performance. Children of all ages may have lower grades during or after a divorce in the family. Parents need to have plans in place to reduce and mitigate those academic challenges. They may also need to talk ahead of time about how to maintain and enforce consistent standards at both houses. Having the same long-term goals and the same household rules can make it easier for young adults and even grade-school children to adjust to the changes in family circumstances without too much disruption.
Updating an existing parenting plan or drafting and initial one with appropriate inclusions for the school year can make a major difference for divorcing or separated parents who want to help their children make the best of a potentially difficult situation.]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499272023-06-30T12:58:43Z2023-06-30T12:58:43ZAnimal owners are largely liable for the actions of their pets
Michigan law requires that pet owners register their animals. Dog owners need to immunize their animals and also need to keep them on a leash if they bring them into public spaces. Most Michigan parks and beaches have very clear signage explaining the rules for dogs.
In most places, it is a violation to let the dog off of a leash unless it is a fenced dog park. Despite those rules, a lot of people think that their dog is the exception to the rule and will let it run loose. If an animal attacks and injures a person in a public place like a beach, the individual affected is often in a strong position to hold the animal's owner accountable. Homeowner's or renter's insurance carried by the dog's owner can reimburse someone for property damage and injury-related expenses. Often, getting an appropriate amount of compensation after a dog bite incident will involve filing a personal injury lawsuit.
Unless the animal's owner can show that someone antagonized the dog or broke the law immediately before the incident occurred, a person injured by a dog will typically have the right to ask the animal's owner for compensation. Knowing one's rights after a dog bite attack can help those negatively affected by the irresponsible choices of dog owners.
]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499162023-06-01T15:20:09Z2023-06-01T15:20:09Zwere 116 deadly crashes, compared to 232 fatal crashes in July and August of the same year. Why are the summer months more dangerous for Michigan drivers?
More drunk drivers
The summer holidays are some of the most dangerous days of the entire year in terms of drunk driving crash risk. Memorial Day, Labor Day and the Fourth of July all see a large number of collisions caused by those under the influence of alcohol.
More teen drivers present on the road
Safety experts often warn that the summer months are particularly dangerous for young adults with driver's licenses. Without the structure of school limiting their socialization and daily schedules, young adults may be out on the road far more frequently. They may also be more inclined to go to parties with friends and potentially drive after drinking or trying drugs. The increase in youthful driving during the summer months translates to increased safety concerns for everyone.
More pedestrians and smaller vehicles
Some people are more likely to die in a collision than others. Pedestrians, cyclists and those on motorcycles are at higher risk of severe injury or death after a crash. Although there are certainly some people who will bike and run all year round, there will be a massive influx of both pedestrians and smaller vehicles during the summer months that may lead to deadly traffic collisions.
Michigan motorists who understand that there are unique safety concerns affecting their road safety during the summer months may have an easier time avoiding and – ultimately – contributing to those crash statistics themselves.
]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499122023-05-02T14:11:48Z2023-05-02T14:11:48Zdog-friendly businesses and also many dog parks, and people tend to make more use of these amenities during the warmer months.
Visitors to local businesses may not realize until after they encounter an aggressive animal that the company allows dogs on the premises. Other times, people may end up hurt at a park because the dog's owner doesn't make use of dog-friendly facilities, like specific dog parks, and instead allows their animal to run off-leash at facilities intended for humans.
Parks, restaurants, farmers markets and beaches at both Lake Michigan and the dozens of landlocked lakes in the area may all serve as sites for vicious dog bite attacks during the warmer summer months. What happens after an incident in a public place where a dog hurts a human?
The animal's owner is often liable
Michigan has strict liability standards for animal attacks, which means that people who own pets are responsible when their animals hurt people. Unless someone provoked the animal by antagonizing it or committing a crime prior to the incident, the owner could be liable for any costs generated by an animal's aggression.
Even when a dog attacks someone at a park or a farmer's market, it will typically be the animal's owner who has liability for someone's injuries and property damage expenses. The one main exception to this rule involves facilities and businesses that specifically allow animals on their premises. Occasionally, there may be a general business policy that applies to a dog bite incident, as opposed to a homeowner's or renter's insurance policy.
Dog owners should train and leash their animals
Michigan doesn't just impose liability on dog owners. The state requires that every owner license their animal and keep it immunized against transmissible diseases like rabies. Beyond that, those with pets or working animals in their households should fence their yards or keep the animals restrained so that they do not pose a threat to members of the public.
Animal owners also have an obligation to abide by signage in parks and other areas that require them to keep their animals on leashes. Pursuing compensation from the owner of an aggressive dog may require a complicated insurance claim or sometimes a lawsuit after a dog bite incident in West Michigan. As a result, victims generally benefit from seeking legal guidance after sustaining harm.]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=499062023-04-06T22:29:13Z2023-04-06T22:29:13ZState law and documents influence the process
Michigan state law plays a major role in probate litigation. For example, someone might bring a lawsuit by claiming that they did not receive their statutory inheritance as a spouse.
State law is also important because in scenarios where the courts invalidate an estate plan or will, they might either refer to documents drafted previously by the testator or apply Michigan's intestate succession laws. Additionally, the details included in someone's estate planning documents can sometimes influence what judges decide to do when responding to conflicts related to estate administration.
Judges can apply creative solutions
In a scenario where there are questions about the legality or validity of estate plans documents, the discretion of the judge hearing the case often determines the outcome. The same is true in scenarios where people take issue with the actions of the personal representative of an estate or a trustee.
The judge could potentially remove someone from their position, forbid them from taking certain actions or otherwise influence the remainder of the estate administration process. They could also rule on a dispute either in favor of either party involved or by creating their own solution that they feel reflects both Michigan state law and the wishes of the testator.
It will likely take months to resolve a pending probate lawsuit, and then estate administration will continue after resolving the conflict. Estate litigation can be unpredictable, but it is also often the only remedy available for those who believe there is a serious issue with an estate. Understanding what happens during probate litigation can help people decide if seeking legal guidance – and possibly pursuing legal action – is likely the best way forward under the circumstances.
]]>On Behalf of Kuiper Kraemer PChttps://www.k2legal.com/?p=494282023-03-07T22:15:17Z2023-03-07T22:15:17Zexcellent estate planning tips. Here are a few other good moves for those planning their estates to consider.
1. Consider tax liability and debts
Some people don't realize that their family members won't receive an inheritance until the executor of their estate pays off their debts and any taxes that are still due. In addition to income taxes for the deceased individual and the estate itself, there could also be estate taxes due if a person dies with millions of dollars in property in their own name.
Quantifying the debt someone has and evaluating what taxes may apply can help people minimize how much goes to creditors and the government while maximizing what their loved ones receive.
2. Take steps to prevent probate conflict
Whenever someone tries to leave valuable property for the people they love, there will inevitably be some people unhappy with their decisions. Those who feel like an estate plan is unfair are more likely to try to challenge it in probate court.
Michigan adults can protect their legacy from frivolous litigation by including a no-contest clause or penalty clause to disinherit those who bring an unnecessary will contest. Talking about intentions with family members can also be a very smart decision.
3. Name the right executor and an alternate choice
Many parents choose one of their children to serve as their estate executor, failing to consider how there might be a conflict of interest in such an arrangement. When someone is also a beneficiary of an estate, they may not be as transparent or fair about the process of estate administration.
Choosing someone who doesn't have much interest in the estate and whose personal relationships won't compromise how they handle the probate process is typically a smart choice for a testator. Many people will also choose an alternate candidate in the event that the person they name becomes unavailable.
Following thoughtful tips and also seeking professional legal help can help to make it much easier for adults in West Michigan to create a meaningful estate plan.]]>