Grewal Attorneys at Law | Lansing - Okemos - Oakland County

Can a parent be arrested when a kid misses school?

There are more and more stories about such arrests, with the latest coming out of Lake County, Fla. Elizabeth Marrero's daughter, who should be in high school, hasn't yet graduated from middle school. She's missed two years of classes despite the school district's attempts to get her back on campus.

When the state attorney found out, Marrero was arrested and charged with contributing to the delinquency of a minor.

This crime is most closely associated with the act of providing alcohol or drugs to a minor. However, state statutes are much broader than that. A parent or guardian can be charged with contributing to the delinquency of a minor when he or she aids, induces, causes or encourages a person under the age of 18 to violate the law or a court order.

A number of states have started using these statutes to arrest parents when a kid misses school or is repeatedly late. This is because every single state has a compulsory education law. Children must be enrolled in a public or private school or be adequately home-schooled.

A child is in violation of mandatory attendance laws when he repeatedly misses school. A parent that allows this behavior, particularly in younger children, can be found to be contributing to a child's lawbreaking behavior.

If a state's delinquency law doesn't cover this kind of situation, its child neglect statute may. Some neglect statutes punish parents who do not meet their minor child's educational needs. For example, South Carolina law states that "child abuse or neglect ... occurs when a parent ... fails to supply the child with adequate food, clothing, shelter, education ..."

So yes, it's possible for a parent to be arrested when a kid misses school. If there's a reason your child can't -- or won't -- make it on a regular basis, talk to the school district before they ask prosecutors to punish you.

Related Resources:

• Parents Now Thrown in Jail When Kid Misses School (The Stir)
• Child Abuse Overview (FindLaw)
• Baltimore Parents Jailed Over Truant Kids (FindLaw Blotter)

An Ypsilanti man who has been convicted of drunken driving on seven previous occasions was arrested again in Troy on suspicion of drunken driving, police said today.

What does the mortgage settlement mean for me?

Borrowers across the country are asking themselves this very question, wondering whether they will get a piece of the landmark $25 billion agreement. The settlement is directed at borrowers who are in danger of losing their homes, as well as those who already have.

Unfortunately, you won't immediately know whether you qualify.

The mortgage settlement is an agreement between 5 major banks, 49 state attorneys general and the federal government. Even though eligible borrowers will be contacted in 6 to 9 months, the settlement will take 3 years to fully execute.

Residents of Oklahoma are not included in the mortgage settlement, and neither are loans owned by Fannie Mae and Freddie Mac. Mortgages must be owned or serviced by Ally, Bank of America, Citi, JP Morgan Chase or Wells Fargo.

Covered borrowers who are underwater, delinquent or at risk of defaulting will be eligible for a principal reduction or other forms of loan modification. Up-to-date borrowers may be able to refinance at a lower interest rate. And those who lost their home to foreclosure between 2008 and 2011 will be eligible for a $2,000 payment.

Even if you meet the above criteria, it would be unwise to pin your hopes on a modification or money. The settlement is going to take a significant amount of time to disperse, meaning you are still liable under the current terms of your mortgage.

You should continue making payments and try to work with your lender. If you wait for the mortgage settlement, it may be too late to save your home.

Related Resources:

• Mortgage settlement leaves most homeowners to fend for themselves (MSNBC)
• Alternatives to Foreclosure (FindLaw)
• Top 10 Posts on Avoiding Home Foreclosure (FindLaw’s Law & Daily Life)

Obama, in taking credit, and Republicans, in assigning blame, have ignored one driving force behind the love-it-or-hate-it bailout: George W. Bush in the waning days of his presidency. Moreover, GOP rivals Mitt Romney and Rick Santorum would have people believe the United Auto Workers union runs General Motors and the government "gave" it away, neither true.

Lansing City Council members told city and tribal attorneys Monday that they haven't received answers that satisfy their questions about a proposed tribal casino downtown.

Delta Township trustee Cara Spagnuolo, 32, is glad just to be alive after a freakish rollover accident on her way to work Feb. 6. Spagnuolo, who was driving her red Saturn Vue east on Main Street near Martin Luther King Jr.

The late New York heiress Huguette Clark's last will is a fraud, her relatives claim in a legal challenge. More than $400 million are at stake.

Clark, who was 104 when she died last year, was heiress to her family's copper-mining fortune. Her last will from 2005 gave more than $30 million to her longtime nurse, and $500,000 each to her attorney and her accountant, MSNBC reports. Her family was entirely cut out.

But in another will, signed just six weeks earlier, the reclusive heiress gave $5 million to her nurse and the remainder -- more than $400 million -- to her family, the relatives claim in a court filing.

The challenge will turn on several factors.

One way to challenge a will is to show there was undue influence, or manipulation, involved. Her relatives claim this happened with Huguette Clark's last will: Clark's nurse, attorney, and accountant had hands in manipulating the heiress, who was nearly 100 when she signed her will, the relatives assert.

Another way to challenge a will is to claim the person who made the will (the testator) was not mentally competent at the time. A testator's failure to understand the extent and value of her property is one way to prove a lack of mental capacity.

That's exactly what Huguette Clark's relatives are claiming. "She did not know the nature, extent or value of her assets, was not of sound mind or memory and was not mentally capable of making a Will," their court filing states.

But if Clark was not competent to sign her last will, that suggests she may also not have been competent to sign the other will six weeks earlier.

If that's the case, a Manhattan court may decide to throw out both of Huguette Clark's conflicting wills. New York's default intestacy laws would then kick in, and Clark's estate would be split among her family.

Related Resources:

• Family of heiress Huguette Clark claims fraud by nurse, attorney, accountant (MSNBC)
• Reasons to Challenge a Will (FindLaw)
• Browse Wills Lawyers by Location (FindLaw)
• Huguette Clark's Will: Who Will Get Her Fortune? (FindLaw's Law and Daily Life)

Trading of Energy Conversion Devices' common stock on the NASDAQ Stock Market will be suspended at the opening of business on February 24, the Auburn Hills-based company said today. The maker of solar laminates filed for Chapter 11 bankruptcy Tuesday and plans to sell its assets.

A new report identifies five states with the most homes in foreclosure, and suggests a lengthy foreclosure process may be partly to blame.

The foreclosure process averages 140 days nationwide, an analysis by the website 24/7 Wall St. shows. But in states with the highest foreclosure rates, homes remain in foreclosure much longer — 220 days on average.

What accounts for the difference? Court and judicial involvement, the 24/7 Wall St. report suggests.

Nine of the top 11 states with the most homes in foreclosure require a court or judge to oversee the process, according to 24/7. Also called foreclosure by judicial sale, it’s a formal legal action that can take months and usually involves a short trial.

By comparison, nonjudicial foreclosures — or foreclosures by power of sale — do not involve the court and are resolved more quickly.

Some states allow for both judicial and nonjudicial foreclosures, so you may want to check with a local foreclosure attorney to discuss which option is best for you.

The effects of a longer foreclosure period can be seen in the top five states with the most homes in foreclosure. According to 24/7 Wall St., those states are:

5. New York, with 4.6% of homes in foreclosure. The average foreclosure processing period is 445 days — the longest in the nation.

4. Nevada, where 5.3% of homes are in foreclosure. The average processing period is 116 days.

3. Illinois, with a 5.4% home-foreclosure rate. The processing period averages 300 days.

2. New Jersey, at 6.4%. The average processing period is 270 days.

1. Florida, at 11.9%. The processing period here averages 135 days.

In Florida’s case, several other factors are also causing the state’s high home-foreclosure rate, 24/7 reports. Those include falling home prices (down 49% since 2006), high unemployment (9.9%), and the highest mortgage-delinquency rate in the nation (17.4%).

Related Resources:

• States with the most homes in foreclosure (24/7 Wall St.)
• Browse Foreclosure & Alternatives Lawyers by Location (FindLaw)
• What is Foreclosure? (FindLaw)
• Celebrity Foreclosures: Their Houses in Foreclosure Just Like Us (FindLaw’s Celebrity Justice)

Assistant Prosecutor Therese Tobin said the sheer volume of injuries - 20 distinct points of impact and a direct brain injury - showed Renee King's intent when she injured Lily Furneaux-Wolfenbarger, causing her death.

The allegations are contained in a federal criminal complaint the FBI filed Wednesday against Tahir Kazmi, 52, of Rochester Hills, who resigned as the county's chief information officer hours before the U.S. Attorney's office disclosed the extortion, fraud and obstruction of justice charges against him.

The state's tougher "super drunk" law took effect in 2010 and Snyder's office says police couldn't write such tickets under local ordinances. Michigan's legal limit is a blood alcohol level of 0.08 percent. The "super drunk" designation is 0.17 percent or more.

If you're heading to New Orleans for Carnival, leave your reptiles at home. The scaly creatures are banned from the city's parade routes -- for 2 hours before, and 1 hour after.

Apparently some people once thought live snakes would make great scarves.

The Big Easy has seen it all -- breast-baring women, public drunkenness and flying objects. As a result, it's got some pretty great Mardi Gras laws.

Mardi Gras is all about celebration -- and throwing things at your friends. But permission to toss the iconic beads is limited in scope. Drunken revelers are cautioned not to throw beads from 8 feet above the ground -- it's illegal under local law, explains KNOE-TV.

And don't even think about throwing anything at the Mardi Gras floats -- even if a Krewe member accidentally hits you in the head with a coconut. Any sort of retaliation would be prohibited under New Orleans' Mardi Gras laws.

Those laws also limit your choices to paper or plastic -- cups, that is. You can't walk the streets drinking from glass or metal containers. Officials don't trust partygoers not to use them as weapons.

You shouldn't either.

If you happen to be drinking out of one of those cups, you might want to avoid any ladders. Alcohol and height simply don't mix. But if you're sober as can be, official rules require all ladders to be placed at least one foot from the curb for each foot in height.

A five-foot ladder must be five feet from the street.

Keep these Mardi Gras laws in mind when you head down to Bourbon Street. And watch out for flying beads.

Related Resources:

• Mayor Mitch Landrieu details Mardi Gras parking, neutral ground and permit rules (Times-Pcayune)
• With New DWI Laws, Louisiana's Mardi Gras Culture Evolves (FindLaw)
• Dumb Laws: Dumbest Laws Involving Animals (FindLaw's Legal Grounds)

Highland Park Schools Board Member Robert Davis, who filed both the lawsuits, said the judge's decision was "monumental...a victory for democracy." Davis and his attorney said the ruling also calls into question the legitimacy of emergency managers appointed earlier by Govs. Snyder and Jennifer Granholm, since each of them was the product of an illegal process.

Whitney Houston's unexpected death at age 48 is tragic, but it also offers lessons in estate planning: It's never too early (or too late) to create a will, and it's also a good idea to create a separate document to spell out funeral and burial plans.

Whitney Houston's funeral is set for Saturday in New Jersey, at the church where the singer first took to the stage, Reuters reports. But there was a family dispute about Houston's burial plans: Some wanted her buried in New Jersey, others in Atlanta, according to the website TMZ.

Such disagreements may have been avoidable, had Whitney Houston left her final wishes in writing -- and not just in a will.

Indeed, Whitney Houston did leave a will, which likely names her only child Bobbi Kristina Brown, 18, as her main beneficiary, ABC News reports. But the probate process can take months, and a person's will may not be accessible during that time.

That's why lawyers recommend creating a separate document -- called a "Final Arrangements" or "Last Wishes" document -- to spell out your funeral and burial preferences. This document should be signed and dated by you, and perhaps even a witness. It should also be kept in a safe place that will be easy to find.

A "Final Arrangements" document can cover a wide range of issues such as:

• Your wishes for burial, cremation, or embalming;
• Your choice of casket or container;
• How your remains will be transported to the facility of your choice;
• Ceremony arrangements for your funeral and/or burial;
• Your wishes for who your pallbearers will be; and
• Your choice of tombstone or cemetery marker.

Your "Last Wishes" list can include whatever is important to you. You may want to check with an estate-planning lawyer to make sure you're not overlooking anything.

If your "Last Wishes" are not in writing, and you have not clearly communicated your wishes to your loved ones, state law may fill the void by assigning a surviving relative -- usually a spouse or children -- to make funeral and burial decisions.

In Whitney Houston's case, it seems the family has finally agreed to a burial in New Jersey. The process for probating Whitney Houston's will is just beginning, ABC reports.

Related Resources:

• Whitney Houston's Family Feuding Over Her Burial (Hollywood Life)
• Whitney Houston's Estate May Not Profit from Her Death (iVillage)
• MJ Laid to Rest: What You Can Learn about Burial Planning (FindLaw's Law and Daily Life)
• Browse Estate Planning Lawyers by Location (FindLaw)

"My husband will perform all dish-washing duties for the duration of our marriage."

Guess what? You probably can't include that in your prenup, as tempting as it is. Prenuptial agreements are versatile. Though, what you can put into your agreement may vary. Prenup laws are mostly state-dependent.

They're also mainly meant to address asset division and a couple's finances. So what can't you put in your prenup agreement?

1. "I waive all child support duties."

No. You do not. More specifically, you can't.

Child support and child custody issues typically cannot be included in prenuptial agreements. This is considered a matter of public policy. After all, the money goes to financially support a minor. Courts usually use a "best interest of the child" standard to determine the amount of support granted.

The same goes for child custody issues and visitation rights.

2. "I will not pay any alimony."

Different jurisdictions treat alimony provisions differently. Some strike them down and explicitly have statutes that bar waiving alimony in the prenup. Others allow the clause. Some states will limit any alimony agreements.

3. "We will spend all our holiday time with my parents."

Provisions that detail personal instead of financial matters may get thrown out. This includes provisions that govern who does what chores, where the couple will spend their holidays, and other issues. Courts often do not want to relegate domestic matters to a contract.

There are other provisions that may be struck down as well. We previously even blogged about a British man who wanted to have sex at least twice a week. Most likely a provision about sex will not be allowed under a state's prenup laws. For more information about what you can or can't include in your prenup in your state, consult a family law attorney.

Related Resources:

• How to Determine if a Prenuptial Agreement is Right for You (FindLaw)
• What Can and Cannot be Included in Prenuptial Agreements (FindLaw)
• Kim Kardashian's Prenup Leaves Kris Humphries Empty Handed (FindLaw's Celebrity Justice)
• Prenuptial Agreements on the Rise (FindLaw)

Don't forget about the student loan interest deduction this year. The 1098-E form lays out how much interest you paid.

If you haven't gotten your 1098-E form yet, you should check with your student loan servicer. They are required to either mail you a copy or deliver one electronically. Individuals that opted for paperless billing may need to log into their loan accounts to see if the form is uploaded online.

Those with multiple servicers on different loans will get separate forms from each institution.

Not sure who your servicer is? The Department of Education advises you to call the Federal Student Aid Information Center at 1-800-433-3243 or visit their website at www.nslds.ed.gov.

If you do have your form, you may be wondering how much interest you can deduct.

Below are a few quick rules you should know about student loan interest:

• The maximum deduction is $2,500. You can typically deduct the lesser of $2,500 or the amount you paid.
• The deduction is an adjustment to your income. You do not need to itemize it on Schedule A of Form 1040.
• Not everybody will qualify for the deduction. Your modified adjusted gross income must be below a certain amount. You also cannot deduct the interest if you were a dependent on someone else's tax return. You must be the individual who is legally obligated to pay interest on the loan. This means that your parents cannot deduct your student loan interest even if they footed the bill. You are the one who is legally obligated under the loan, not them.

For more information about your 1098-E form or for a more detailed explanation of student loan interest deductions visit the IRS website. You may also want to consult a tax attorney or preparer who can better advise you of your tax situation.

Related Resources:

• Student Loan Interest: Deduct $2,500 Off Your Taxes (CBS)
• Taxes: The Basics (FindLaw)
• 2011 1099 Forms, Plus New Form 1099-K, Due This Month (FindLaw's Free Enterprise)
• Be Tax Savvy! Allowable Tax Deductions for Interest (FindLaw's Law & Daily Life)

A shooting Friday that injured a toddler has led to charges against the woman who was driving the SUV in which the toddler was riding, as well as the alleged shooter.

A shooting Friday that injured a toddler has led to charges against the woman who was driving the SUV in which the toddler was riding, as well as the alleged shooter.

An estimated $1.2 billion was generated in 2010 by the business personal property tax in Michigan, according to the Senate Fiscal Agency. The tax comprises about 8% of total property tax revenues for the average municipality in Michigan. Search this database to find out the estimated amount of revenue that was generated by the business personal property tax in your community in 2010.