- Divorce
- Child SupportIf a child is born out of wedlock, either the mother of the child or the State of Michigan on referral of the Department of Human Services can file a paternity action in the county in which the child resides. If the father denies paternity, the court will order a paternity test. Once paternity is proven, the Court may award both child support and confinement expenses against the father of the child. Confinement costs are the costs associated with the pregnancy by the mother.
- Child Custody and VisitationSince a relocation will likely modify the child custody order, the courts must evaluate the best interest of the child factors. Courts tend to shy away from infringing upon the relationship of either parent with the child, thus, the courts are likely to deny the relocation unless the higher standard of proof can be met by the moving party.
- Paternity
- Premarital AgreementTorree J. Breen is the Vice President of the Board of Directors and is a shareholder. She has practiced law for over 20 years. She is the chair of the Estate Planning and Family Law Practice Groups and a member of the firm’s Hospitality and Alcohol Law Practice Group. Ms. Breen drafts wills, trusts, durable powers of attorney for finances, medical advocates, and electronic accounts, and funeral representative forms. Her family law practice includes divorce, child custody disputes, prenuptial agreements, guardianships/conservatorships, and grandparent’s rights. Ms. Breen is also is familiar with handling Michigan Liquor Control Commission license violations for our corporate clients.
- GuardianshipProbate Court has exclusive jurisdiction to award guardianships and conservatorships. A guardian and conservator may be appointed to protect the welfare of minor children, incapacitated adults, mentally ill adults, and the elderly. After a hearing, the Probate Court will determine if a guardian or conservator is necessary.
- Spousal SupportSpousal support may be awarded for as a result of longer term marriages and is based on a determination of equity by the Judge. In other words, the Judge will do what he or she believes is fair. The Court will traditionally use the below 11 factors to determine whether spousal support should be awarded to one party or the other. Those factors are...
- Corporate LawEast Lansing corporate lawyerFor over 50 years, Willingham & Coté’s Michigan business and corporate law attorneys have been providing legal expertise to both entrepreneurs and nationally recognized, corporate entities.
- Mergers and AcquisitionsMr. Breen represents clients in the formation of business entities, obtaining liquor licensing, mergers and acquisitions, business succession planning, tax planning, and all types of general business transactions. He also represents clients in real estate matters such as commercial leasing, real estate sales and acquisitions, quiet title and mortgage reformation litigation, property tax appeals, and foreclosures. Mr. Breen also assists lending institutions with loan documentation and workouts.
- Business FormationWillingham & Coté’s business and corporate law attorneys represent both large and small organizations in a variety of manners ranging from business formation and planning to dissolution and succession planning. We provide a wide variety of legal business and corporate services in the following areas...
- Business DisputesFor decades our firm has handled the litigation arising from our business clients and our alcohol beverage attorneys are well versed in contract disputes, territory disputes, franchise law, and any other matter involving alcohol beverage law. We aggressively represent our clients as plaintiffs and defendants.  Our litigators handle cases in state and federal courts across Michigan. Because of their wide experience, our attorneys have access to expert witnesses and resources that help bring successful results.
- Business TransactionsOur alcohol beverage attorneys are well versed corporate lawyers. It is their job to ensure the legality of commercial transactions, advising corporations on their legal rights and duties, including the duties and responsibilities of corporate officers. Our alcohol beverage lawyers assist our clients in various transactions and must have knowledge of aspects of contract law, tax law, accounting, securities law, bankruptcy, intellectual property rights, licensing, zoning laws, and the laws specific to the business of the corporations that they work for.
- Construction Contracts
- Intellectual PropertyMelanie earned her law degree from University of Illinois Chicago School of Law. While there, her law review article “Van Buren v. United States: An Employer Defeat or Hackers’ Victory – Or Something in Between?” was published in the UIC Review of Intellectual Property Law. Prior to law school, Melanie received her undergraduate degree in Criminal Justice from Michigan State University.
- Employment ContractWe provide advice regarding employment matters including at-will and other termination issues, employment agreements, confidentiality and non-solicitation agreements, and employee handbooks. Our business and corporate law attorneys will address your employment issues as soon as possible to prevent employment disputes from occurring.
- Employment Litigation
- Real Estate LitigationOur team understands the complexities of real estate law and is here to help you protect your interests, whether through legal advice, contract preparation, negotiations or in the courtroom.
- Premises LiabilityPremises liability claims are claims that a property owner maintained an unsafe condition on his or her land and either failed to warn another, to whom he or she owes a duty, about the condition and/or take reasonable steps to protect the person from the hazard. In premises liability cases our attorneys have been successful in obtaining a dismissal of premises cases by arguing that the hazard is open and obvious which is generally a complete defense to premises claims except in limited circumstances. As far as general negligence our attorneys have successfully defended against claims against contractors or other accused of negligence resulting in damages.
- Construction Litigation
- Real Estate TransactionsA commercial real estate lawyer can help you navigate the complexities of real estate transactions. Typically more complex than residential real estate transactions, commercial real estate matters can involve complicated documents and processes associated with the commercial real estate process.
- Land Use and Zoning
- Landlord-Tenant DisputesOur attorneys can assist you to transfer property to others, negotiate and draft contracts relating to the sale of real estate, land contracts, handle property disputes with neighbors, negotiate with financial institutions regarding mortgage disputes, draft mortgages, handle commercial landlord tenant disputes, handle property tax appeals, handle quiet title actions, draft leases, split property, and correct errors in title.
- Medical MalpracticeOur attorneys are well suited to vigorously defend your legal malpractice case. Their combined experience in all aspects of litigation, including, medical malpractice, legal malpractice and general litigation, makes them well suited to address the “case within the case†doctrine, which requires knowledge of a broad range of legal disciplines and issues.
- Social Security DisabilityAny asset acquired during the marriage such as homes, real property, cars, boats, motor homes, and any other material possessions are subject to division by the court. Other assets acquired throughout the marriage that are actively contributed to during the marriage such as businesses, retirement accounts, 401Ks, 457 plans, Social Security disability benefits, pensions, IRAs, annuities, stocks and bonds, money market accounts, investment and bank accounts, royalties, and gifts are also subject to division by the courts as well.
- Estate PlanningMichigan law allows you to establish a separate trust for the benefit of your pets. Using a pet trust as an estate planning tool, money can be set aside to take care of your beloved pet upon your passing. This trust can last up to twenty (20) years or until your last pet dies, whichever is first. Any remaining funds are distributed according to your wishes.
- WillsOne of the tools used by the Michigan estate planning attorneys at Willingham & Coté, P.C. is a will. A will (sometimes referred to as a “Last Will and Testament†) is a legal document that lays out your wishes with respect to the distribution of your assets. Your assets include everything you own (i.e. a couch, bank account or interest in a closely held company). A will also allows you to name guardians for your minor children and name your Personal Representative.
- TrustsA pour over will is utilized in situations where the testator has a revocable living trust. It is the safety net to transfer all probate assets to the revocable living trust and those assets will be distributed pursuant to the terms of that trust. It is utilized when trusts are not fully funded by the testator. This pour over will does not contain separate provisions disposing of tangible personal property so that the testator’s intentions remain private. The pour over will relies on the trust to provide for the disposition scheme of the testator. In other words, the trust is the only beneficiary pursuant to the terms of the pour over will and the trustee of the trust will distribute the probate assets consistent with the terms of the trust.
- Power of AttorneyFor financial matters, this is done through the use of a Financial Power of Attorney. This document can be as broad or as limited as you want. Some of the most common powers granted in the Financial Power of Attorney are the power to...
- Probate
- Bankruptcy
- ForeclosureScott A. Breen is the Treasurer of the firm and is a shareholder. He has practiced law for over 20 years. He serves as the chair of the Hospitality & Alcohol Law, Business and Corporate Law and Real Estate Law Groups for the firm. Mr. Breen represents clients in the formation of business entities, mergers and acquisitions, business succession planning, tax planning, and all types of general business transactions. Mr. Breen is very familiar with the Michigan Liquor Control Commission and assists our clients with transferring and obtaining liquor licenses for our retail, wholesale, and individual clients. He also represents clients in real estate matters such as commercial leasing, real estate sales and acquisitions, quiet title and mortgage reformation litigation, property tax appeals, and foreclosures. Mr. Breen also assists lending institutions with loan documentation and workouts.
- Tax LawOur business and corporate law attorneys are experts in the negotiation and documentation of asset and stock mergers, acquisitions, and sales of businesses. Willingham & Coté assists clients though all aspects of the transaction including due diligence, confidentiality concerns, tax planning, employment, real estate, state/local regulation, and closing matters.