What happens if someone dies without a Will or Trust?

If someone passes away without any legal documents, there are specific statutes that apply that determine how the assets are distributed.  The problem of not having a Will or Trust is that the disbursement of assets and the payment of debts is taken out of the hands of the deceased and decided solely by the court system.  This can be a huge issue if there are multiple marriages and or step-children because the statutes don’t always adequately take care of biological children or step-children upon a second marriage.   It is always better to have a Will or a Trust so  your assets are distributed in the manner that you deem best without the Court system making all of the decisions that you may not have wanted.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
07/02
CATEGORY
Uncategorized
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What does it mean to go through quarantine?

As a general rule, if you are sentenced to a year or less you will remain in the local county jail.  If the judge sentences you to a year or more he can send you to prison.  When sentenced to prison the person will be sent to Jackson, MI where they will go through “quarantine.”

Quarantine is where the person is processed and classified based on several factors, including prior record, substance abuse issues, the length of the sentence and the crime convicted of.  Once the classification process is over, the Michigan Department of Corrections (MDOC) will send them to the appropriate prison somewhere in the state of Michigan.  The “quarantine” process normally takes approximately a month to complete before knowing exactly where the person will serve their time.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
06/13
CATEGORY
Criminal
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What is a parent agency treatment plan(PATP) in an abuse/neglect case?

A parent agency treatment plan (PATP) is a document that is drafted by employees at the Department of Human Services (DHS) that outlines what the parties, normally the mother and father, have to do to keep their minor children ( or in some cases get their children back).  The PATP consists of various items that the parents have to do including, but not limited to, a psychological examination, parenting classes, drug testing, and other various programs depending on the needs of the family.   If the parties fail to benefit from the services and fail to substantially comply with the PATP their parental rights could be terminated.   It is vitally important that the parties know and understand what is expected of them in the PATP and to comply with the services to ensure they keep their children.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
06/08
CATEGORY
Child Custody
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How do I know what to do when my child gets in trouble with the law?

The age of the child will largely determine the course of action and the charges that will be pressed against them. If the child is under 17 they will typically be charged in juvenile court. There are issues that will need to be discussed with the family prior to attending the first hearing. There are also programs that could be viable options for the child to attend. Normally the first hearing is with the probation office and not the prosecutor.

If the child is 17 or older, they will be charged as an adult. Program options are available for those children that have a limited record. In some situations it is possible to keep charges off their record, but a consultation would be required to determine if this is possible.Image

I always advise people to speak with an attorney before talking to authorities.

 

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
05/31
CATEGORY
Criminal
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What happens if I want to withdraw my plea after it’s been submitted?

It’s rare, but occasionally a client may want to withdraw their plea for various reasons.

Because withdrawing a plea is a complicated process, there needs to be a valid reason as to why the person wishes to do this. The presiding Judge must decide if it is in the best interest of justice to have the plea withdrawn. If the Judge decides it is in fact in the best interest of justice based on a factual basis, the Judge must then verify the prosecutor would be not substantially prejudiced by having the plea withdrawn.

Each case will have a different facto scenario that will help determine the validity or strength of your case to withdraw your plea.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
05/23
CATEGORY
Criminal
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How can I get my personal property back when I am going through a divorce?

I left the house and now I need personal items from the home.

This happens frequently in divorce situations when one party leaves the marital home and does not take everything with them that they need. Your spouse might be angry and not let you in to the house and you of course don’t want to risk having the cops called.

Normally an attorney will sit down with you and go over the items that are in dispute and resolve the issue. Unfortunately this can sometimes take longer than one might like.

You can request a civil standby from the local police where they supervise the visit and the items that are taken from the home. Law enforcement are normally hesitant to come to your home and they may require a court order prior to handling the situation.

It’s always a good idea to take all the necessary items from the home before you leave, but hopefully this information will help guide your next steps if you find yourself in this situation.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
05/02
CATEGORY
Divorce
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Why is there a no-contact provision on my bond and how do I get it lifted?

The most common reason for a no-contact provision is a domestic violence charge, however it can be placed on other similar charges.

In most cases, the no-contact provision can only be removed once the person you have been forbidden to contact goes to court and states the reasons why they want the provision lifted.

In the case of a spouse or significant other, a safety plan must be created through LACASA. This is a form that outlines the steps that will be taken if there is any type of threat or violence that would happen in the future.

Most judges are reluctant to lift  no-contact provisions, but they will  listen to a modification prior to the case being resolved.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/25
CATEGORY
Criminal
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Who has the authority to file the actual charges against me in a criminal case?

The local Prosecutor’s office is the only person who can charge you criminally. The local police’s role is to conduct the investigation and then bring the respective police report and other documentation to the Prosecutor’s office for review. The local police do not have the authority to file charges.

The prosecutor will then review the file and issue the appropriate charges against you.

The police do not have the authority to barter with anyone in exchange for not charging you with a crime or reducing the charges against you. The only exception to this is if they have already contacted the Prosecutor’s office, which is very rare.

If contacted by the police, my advice is to contact an attorney to obtain the necessary legal advice prior to speaking with them.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/03
CATEGORY
Criminal
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What is the difference between retail fraud and larceny?

Larceny and retail fraud are similar in that the person is allowed to be on the premises, but something has been taken without permission.

Retail fraud can be classified as either a misdemeanor or a felony depending on the amount stolen and involves stealing from a store that is open for business. It can also include  someone who tries to switch prices on items or tries to get a refund from a store when it is not warranted.

Larceny is when something is stolen from a home or residence. Different charges apply when someone enters a retail store or home without permission.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
03/28
CATEGORY
Criminal
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Why does the divorce process take so long?

Regardless of the circumstances, going through a divorce is never an easy situation and it can feel as though the process takes an unwarranted amount of time.

The legal system has set minimum time frames for divorce proceedings to give people an opportunity to make sure they want to continue with the divorce. There is a 60-day waiting period for couples without children and a 6-month waiting period for those with children from the filing date before the divorce can be finalized. These waiting periods can be waived in certain circumstances.

In some cases the sorting of assets can cause delays in the divorce proceedings such as selling the house if the two parties decide this is the best option.

The public policy is that divorce is not something that should be taken lightly. Requiring waiting periods gives couples an opportunity to reconcile.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
03/20
CATEGORY
Divorce
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