State-Specific Legal Forms

Michigan quitclaim deeds must be signed by the grantor, witnessed by two individuals, and acknowledged before a notary. A Property Transfer Affidavit (Form L-4260) must be filed with the local assessor within 45 days of the transfer.

Michigan's Uniform Durable Power of Attorney Act governs financial POAs. The document must be signed by the principal and notarized. Michigan also provides a separate Patient Advocate Designation form for healthcare decision-making.

Michigan recognizes formal wills (signed with two witnesses) and holographic wills (handwritten and signed by the testator, no witnesses required). Michigan's elective share statute allows the surviving spouse to take the first $150,000 plus 50% of the balance.

Michigan does not have a specific living will statute. Healthcare decisions for incapacitated persons are governed through the Patient Advocate Designation form. A living will may serve as persuasive evidence of a patient's wishes but is not specifically authorized by statute.

Michigan does not require an LLC operating agreement by statute but strongly recommends one. Articles of Organization are filed with the Department of Licensing and Regulatory Affairs (LARA). Michigan imposes a flat annual statement fee.

Michigan's Landlord-Tenant Relationships Act and the Truth in Renting Act govern residential leases. Security deposits are limited to 1.5 months' rent. The landlord must provide a move-in checklist and inventory within 7 days of occupancy.

Michigan eviction (summary proceedings) requires a 7-day demand for possession for nonpayment of rent. The case is filed in District Court. If the tenant pays all rent due within the demand period, the landlord cannot proceed with eviction.

Michigan small claims court handles disputes up to $6,500. Cases are heard in District Court. Attorneys are not permitted to represent parties in small claims court. The process is informal and designed for self-represented litigants.

Michigan is a no-fault divorce state — the only ground is that the marriage relationship has been destroyed and there is no reasonable likelihood of reconciliation. There is a mandatory 60-day waiting period (6 months if minor children are involved).

Michigan name changes require a petition filed in Probate Court (or Circuit Court in some counties). A hearing is scheduled, and publication of the hearing notice in a local newspaper is required. The court may waive publication for safety reasons.

Michigan warranty deeds use the statutory form under MCL § 565.151 and convey full title covenants. The deed must be acknowledged before a notary and recorded with the county Register of Deeds. Michigan imposes a state real estate transfer tax of $3.75 per $500 and a county tax of $0.55 per $500 (both based on consideration).

Michigan does not require a separate state-prescribed bill of sale, but the Secretary of State recommends one to document price for use-tax purposes. The vehicle title itself contains the assignment that transfers ownership. Use tax of 6% is collected at registration.

Michigan enforces premarital agreements under common-law principles articulated in Rinvelt v. Rinvelt: voluntary execution; full and fair disclosure of assets; and the agreement is fair and equitable. Provisions in contemplation of divorce are enforceable if procedurally and substantively fair.

Michigan does not cap rental application fees by statute, and the Elliott-Larsen Civil Rights Act provides broader protections than federal Fair Housing Act, including marital status. Application fees may be retained whether or not the applicant is approved if the landlord ran a screening.

Michigan's Consumer Protection Act does not require a pre-suit demand, but the bad check statute (MCL § 600.2952) requires a written demand before treble damages. Michigan No-Fault insurance claims require specific pre-suit notices and time limits under MCL § 500.3145.

Michigan Court Rules permit service by registered/certified mail (if defendant signs receipt), personal service, or substituted service. The Proof of Service (Form MC 04 series) is filed with the clerk after service. Service must be made by a person 18+ who is not a party.

Michigan's general usury cap is 5% per year, with the contract rate cap at 7% per year unless statutorily exempt (MCL § 438.31). Criminal usury threshold is 25%. Business loans of $100,000+ to corporate borrowers are exempt. Promissory notes are negotiable instruments under MCL § 440.3104.

Michigan enforces NDAs under contract law and provides trade-secret remedies via the Michigan Uniform Trade Secrets Act. Michigan courts apply reasonableness review to scope and duration. The Michigan Whistleblowers' Protection Act provides additional carve-outs for reporting illegal activity.

Michigan enforces non-competes under MCL § 445.774a, which requires the agreement to protect a reasonable competitive business interest and to be reasonable in duration, geographic area, and type of employment. Courts may modify overbroad covenants to make them reasonable.

Michigan permits modification when the recalculated child support amount under the Michigan Child Support Formula (MCSF) differs by at least 10% or $50 per month, OR there is a change of circumstances. The Friend of the Court (FOC) office reviews every 36 months on request.