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Questions Answered by Brent T. Geers
1 Answer | Asked in Family Law for Michigan on
Q: Is it illegal in Kentucky to marry your first cousin once removed? If so what is the punishment

I’m nervous sending my kids to Ky to visit their father wothought knowing he will not be arrested or something while they are there. My children and I live in MI

Brent T. Geers
Brent T. Geers answered on Dec 4, 2021

You would need to ask a Kentucky attorney. Even if illegal, I doubt it would be something that would result in an arrest at a moment's notice. If you have such concerns, you should file a motion with the court before taking action like not sending the kids.

1 Answer | Asked in Probate for Michigan on
Q: Do my brother and I have any rights to our family home or can my stepmother do with it what she wants?

My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 4, 2021

Possibly. But first, let's step back a generation...

The home is on your grandfather's property; did that pass to your father at some point? To whom?

If your father was legally married to your stepmother, she is entitled to a spousal elective share, which in many cases...
Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: What exactly is a improper right turn?

I was turning right leaving a gas station parking lot onto a 5 lane hwy [2 lanes for each direction of traffic and one center lane] And I turned into the lane closest to the center since that's what most motorist do in Michigan I've observed. I was then pulled over and told this was a... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 3, 2021

I believe a proper right turn requires a turn into the most immediate lane, so you would need to have turned into the right-most lane instead of the lane closest to center. I can appreciate what you are saying about seeing other motorists do this. Unfortunately for you, you happened to do this in... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: how much can a landlord legally raise rent in a mobile home park?

there is no lease agreement and he is trying to raise the rent $30.

Brent T. Geers
Brent T. Geers answered on Dec 1, 2021

If there is no lease agreement, then you are on a month-to-month lease. So every month is a new lease period. The question really is about notice; there is no limit to how much the increase can be.

1 Answer | Asked in Immigration Law for Michigan on
Q: How can I divorce my husband if he is in another country he just married me to get a visa from USA
Brent T. Geers
Brent T. Geers answered on Dec 1, 2021

It can be quite complex, but is possible, to divorce someone living abroad. I suggest you contact a family law attorney who has done it before, or see an immigration attorney for a referral.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: So what happens at the actual court date.My old tickets are now void due to a new Michigan driving law

What are the judges option at this point

Brent T. Geers
Brent T. Geers answered on Nov 30, 2021

I think you may confuse the relief recently signed into law. The offenses do no go away; they just aren't used to keep a license suspended. You still have to deal with the citations themselves.

1 Answer | Asked in Libel & Slander and Sexual Harassment for Michigan on
Q: Sexual assault victim that is trying to understand if i am able to express my freedom of speech to make a facebook post

I had a sexual assault case that ended in my abuser taking a gulity plea, and i ended up making a facebook post with my abusers name. Are they able to sue me for defamation or anything because of this?

Brent T. Geers
Brent T. Geers answered on Nov 30, 2021

Doubtful. Although you should be careful not to stray from the truth. The guilty plea is a matter of public record.

BUT, for your own well-being: what do you gain by posting on Facebook? Justice has been presumptuously served in court. The court of public opinion can be far less forgiving....
Read more »

3 Answers | Asked in Bankruptcy for Michigan on
Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 30, 2021

As someone else mentioned, seek legal advise about getting your plan back on track to complete the bankruptcy process. At some point in the process, you had to affirm that you understood what you were doing. It's a little late, and likely will do you no good, to try arguing that you were... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: What is a walk in bond
Brent T. Geers
Brent T. Geers answered on Nov 29, 2021

Sounds like local terminology, but I would take it to mean an appearance bond or personal recognizance bond - meaning you need to present yourself to the court at your earliest opportunity. I suggest calling the court for instruction.

1 Answer | Asked in Criminal Law for Michigan on
Q: During a bench trial, when should a motion in limine be granted? 5 points A. When the evidence could inflame the judge’
Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

The standard is the same in a jury or bench trial: motions in limini - to exclude or restrict certain testimony - should be granted when the evidence is more prejudicial than probative. If you don't know what those two terms mean in the legal world, you absolutely should have an attorney, who... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex husband intentionally withheld my child from me and violated the in place court order , Made up false accusations

He had said my partner of two years touched my daughter and made a video of it , The video alone shows my 3 year old has been coached from him I need legal advice

Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

What relief are you seeking? If he withheld the child under an ex parte order, you should file an objection to that order; if he did so without a court order, then you should file a parenting time complaint with the friend of the court or look into filing other appropriate motions with the court to... Read more »

1 Answer | Asked in Consumer Law, Banking and White Collar Crime for Michigan on
Q: Hi, I was victim of bank fraud - someone other than me initiated in branch transactions, bank didn't raise flags or stop

Do I have case for bank failure to either protect n secure my banking & personal info, since someone within the "bank" compromised my info, and also either failed to spot n prevent to confirm n varify acct ownership, or someone within that branch conspired to allow these transactions... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

Without more, it's likely the bank will restore to you whatever funds you lost. Depending on what exactly happened, or how much you lost, you could look into pursuing things further.

1 Answer | Asked in Divorce for Michigan on
Q: Divorce in MI with no assets or children. He filed and requested fee waiver. Will I have to pay the filing fee?

He stated he is self-employed but he is actually unemployed and lied about his obligations. States that he has student loans but instead has excessive CC debt. I informed him if he waited until after the holidays I was willing to file and pay. Instead he filed and served me the night before... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

While technically, a fee waiver works as a suspension of fees, and so the court could order an opposing party to pay those fees, in practice, that rarely happens.

1 Answer | Asked in Elder Law and Health Care Law for Michigan on
Q: Are we able to retain ownership of our home if we qualify for Medicaid; what is the max. income to qualify for Medicaid?

Are there other assets Medicaid can take from our estate?

Brent T. Geers
Brent T. Geers answered on Nov 24, 2021

Depends on who you mean by "we" and who would be the qualifying person for Medicaid. Ordinarily, the value of the primary residence is exempt for qualification purposes; you can "keep" it while the person is alive. However, once a person dies, the state may seek to recover what... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I gave four week's notice to my employer as I found a new role at another company, last day 12/15. My current employer

phoned by new employer and asked that they move my start date to 1/1 as my current employer wants me to continue working on a project. My new company is an offshoot of my current company, i.e. they are completely separate legal entities but because of the relationship many of the people know one... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 23, 2021

Is it legal? Depends on the outcome you are hoping for. They obviously can't make you continue working. Do you have a separation agreement?

In all honesty, with the relationship between the companies, why rock the boat?

1 Answer | Asked in Divorce for Michigan on
Q: Is it usual for a wife to have her lawyer paid for by the ex husband? She is now working but was a stay at home mom.
Brent T. Geers
Brent T. Geers answered on Nov 23, 2021

No it's not. It can certainly be asked for and agreed to. And a judge can order it.

1 Answer | Asked in Child Custody for Michigan on
Q: Do I have to provide contact information to the other parent without him having any custody?

Per court order I have full physical and legal custody of my child, and her father has absolutely no parenting time. Do I still have to give him my phone number?

Brent T. Geers
Brent T. Geers answered on Nov 22, 2021

You have to notify the friend of the court, and to the father unless you have a confidential address. If you have concerns for you or your child's safety, you can request a confidential address with the friend of the court.

1 Answer | Asked in Family Law for Michigan on
Q: Do I have to tell my sons father that I am recording a consented call between my sons teacher and i

If I’m using it in court to prove I need full custody

Brent T. Geers
Brent T. Geers answered on Nov 22, 2021

No, but you need to be mindful of evidence rules, due process, and right to confrontation. Your ex, or his attorney, cannot cross-examine a recording, and so they may - likely will - want to have the teacher testify.

1 Answer | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Can a case that say dismissed in good faith mean can I take it to the right court
Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

Cases are dismissed with or without prejudice. If your case involves medical malpractice, you really should not be doing this on your own because it will be next to impossible for you to successfully navigate the procedure and rules.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »

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