Firm Blog
The Gallagher Law Firm with offices in Lansing, Mt. Pleasant, Grand Rapids, and Detroit provides a variety of legal services across Michigan for corporate and individual clients. Our AV-rated, highly experienced attorneys offer responsive and efficient representation. Learn why our clients consider the Gallagher Law Firm to be a trusted, insightful and experienced partner for their legal needs.
Land Contract Default and Abandonment - is forfeiture or foreclosure required?
August 24th, 2020
Does the seller of real estate on a land contract have to go through a district court forfeiture or circuit court foreclosure to obtain possession if the purchaser is not in possession of the real estate and has abandoned the real estate? The Michiga…
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Categories: Real Estate Law
Oppression of LLC Member
August 17th, 2020
What rights does a limited liability company member have if they are being treated unfairly by the other members of the company? The answer to this frequent problem is found in Michigan statute and case law. The statute MCL 450.4515 provides: A membe…
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Categories: Business Law
Estate Tax
January 2nd, 2016
The Estate Tax is a tax on your right to transfer property at your death. It consists of an accounting of everything you own or have certain interests in at the date of death. The fair market value of these items is used, not necessarily what you pai…
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Categories: Tax Law
Independent Contractors or Employees
December 28th, 2015
The IRS requires business owners to correctly determine whether individuals providing services are employees or independent contractors. If your business has employees it must withhold income taxes, withhold and pay Social Security and Medicare taxes…
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Categories: Employment Law
Pet Trusts
December 21st, 2015
A trust for the care of a designated domestic or pet animal is valid in Michigan. The trust terminates when no living animal is covered by the trust. The trust will be liberally construed by the probate court to carry out the general intent of the tr…
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Categories: Estate Planning
Dissolution of a Corporation - Distributions to Shareholders
December 6th, 2015
One of our customers that owes us money sent me a notice that they are dissolving. Can the shareholders of the dissolving corporation take the assets of the corporation without paying us? A dissolving corporation is required to make adequate provisio…
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Categories: Business Law
Termination of Oil or Gas Interests in Land/Dormant Minerals Act
November 30th, 2015
(1) Any interest in oil or gas in any land owned by any person other than the owner of the surface, which has not been sold, leased, mortgaged, or transferred by instrument recorded in the register of deeds office for the county where that interest i…
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Categories: Real Estate Law
Covenant-Not-to-Compete or Non-Compete Agreement
November 22nd, 2015
A Covenant-Not-to-Compete or non-compete agreement is enforceable if it protects the employer’s reasonable competitive business interests and it is reasonable in duration, geographical scope, and line of business. A non-compete agreement protec…
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Categories: Business Law
Common Forms of Ownership of Real Estate
November 14th, 2015
There are three common forms of ownership of real estate by more than one person – tenants in common, joint tenants with full rights of survivorship and tenancy by the entireties. There are some other less common forms also. The type of ownership i…
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Categories: Real Estate Law
Joint ownership of motor vehicles - Don't!
October 26th, 2015
The owner of a car (or other motor vehicle) is liable for any injuries caused by the negligent operation of that car by anyone driving the vehicle with the owner’s consent or knowledge. Consent is presumed if a car is being driven by an immediate f…
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Categories: Insurance