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Questions Answered by Brent T. Geers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is it legal for apartment management to tell a tenant they would only respond by email?

When a tenant request copies of paperwork in their file, is it legal for them to refuse to give the tenant a paper copy?

Brent T. Geers
Brent T. Geers answered on May 23, 2022

I believe it is legal. I'm unaware of any obligation for a landlord to maintain paper copies, let alone provide them to a tenant upon request.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Is it illegal to look at your phone while you are at a stop light in Michigan?

I think it's only illegal when you are moving, but I want to make sure I read the statute correctly.

(1) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the... Read more »

Brent T. Geers
Brent T. Geers answered on May 23, 2022

You are reading it correctly. Although I would suggest not to tempt a police officer. Getting into a legal dispute about whether you were "moving" is probably not a good use of your time or money to fight.

1 Answer | Asked in Estate Planning for Michigan on
Q: Can my sister-in-law contest my rights as a wife to get everything? Do we still need a will? Can she go to probate?

Does a wife automatically get everything if husband dies? House, property, money, etc?

Brent T. Geers
Brent T. Geers answered on May 23, 2022

Nothing is automatic except beneficiary designations and joint accounts. But yes, most people's estates do not exceed the spousal elective share and so substantially everything goes to the spouse. That is by design because the public policy behind that is that 1) we can safely presume that... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Our handbook states need of 2wk notice to quit to get paid PTO. My employee gave 8 days notice in MI. She says I owe her

She told our Manager and asked her not to tell us because the employee said she’d tell us. When she told me over the phone, after working together for the whole week, it was 8 days notice. I feel since our employee handbook states 2 weeks required to get paid out PTO, I’m being just. She’s... Read more »

Brent T. Geers
Brent T. Geers answered on May 23, 2022

You may be justified in your stance, but is it worth it to the company to defend against a court action.

Here's a thought: how about deducting the daily value of the PTO for each day short of 2 weeks notice and see if she'll agree with that?

You really should make this...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can I sue a foot soak company for advertising false ingredients, and consequently my skin peeled off

Hi; I bought a foot soak off Amazon, and after I used it all the skin on my feet peeled off. It wasn’t enough to cause bleeding, but it was quite alarming. After looking at the product again, I noticed the ingredients listed on the product for sale, were not the ingredients in the product I... Read more »

Brent T. Geers
Brent T. Geers answered on May 19, 2022

Possibly. You should look into an attorney who does civil litigation around the consumer protection act or products liability.

1 Answer | Asked in Divorce for Michigan on
Q: There is a typo in my divorce final judgment. It read the defendent shell pay the defendent a sum
Brent T. Geers
Brent T. Geers answered on May 19, 2022

If you had an attorney, you should go back to them to see how best to address it. It would of course be up to either party to ask the court to enforce any of the provisions, and until that time, it may not be much of an issue. Still, if it's in error, it should be corrected. And sometimes it... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Police officer lied on his report body cam footage is proof.I was charged with the crime.

I was the passenger of a car the driver had drugs in center console with her wallet in top .console lid closed clearly her stuff.The officer said in his report there was a dollar folded with drugs inside he claimed was found closer to my side of car .Video showed it's not within my reach its... Read more »

Brent T. Geers
Brent T. Geers answered on May 18, 2022

First off, nothing's been shown about anything until you have the preliminary exam. Second, it's to your benefit that your attorney isn't rushing into things guns blazing; time is always on the defendant's side. And think of it this way, your attorney has no financial incentive... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Hello, does the judge have access to my medical records to confirm my miscarriage in a divorce ?

My divorce is on hold due to pregnancy now confirm that we have miscarried it has been rescheduled, I want to be prepared, do I have to bring paperwork for my miscarriage or does the judge have access to this?

Brent T. Geers
Brent T. Geers answered on May 18, 2022

A judge does not have independent access to anything, nor will they research or confirm evidence not presented. I would assume it's indisputable (meaning that your ex isn't going to say you're lying about this)?

1 Answer | Asked in Divorce for Michigan on
Q: How do I see what the MCL 700.281- 700.292 are

I'm trying to file for d and I have no money to hire an attorney and I have no idea what I am doing

Brent T. Geers
Brent T. Geers answered on May 18, 2022

Most county courthouses have some form of a legal assistance center that can provide you all the forms your need and generally explain how to complete the process. Go there. I can tell you if you are looking to file a divorce and looking into MCL 700.281, you are way off the mark.

1 Answer | Asked in Criminal Law for Michigan on
Q: What does it mean when a criminal case is deposed?

It says deposed on a guilty plee

Brent T. Geers
Brent T. Geers answered on May 16, 2022

It means just that: the criminal case ended because the defendant said "I did it", eliminating the need for a trial.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Is lawful for an unmarked police car to initiate a traffic stop?

I've read that in Michigan it is required that police vehicles have identifying markings in order to do routine traffic stops and that it is unlawful for an unmarked police vehicle to initiate a traffic stop. Is there any written law to indicate this? Must they call in a marked unit to... Read more »

Brent T. Geers
Brent T. Geers answered on May 16, 2022

What do you mean by "marked" cars? Some police agencies conduct traffic enforcement with cars equipped with lights / sirens, but no other markings. Those are not "unmarked" cars.

You have a potential defense to a fleeing and eluding charge if the car was truly unmarked...
Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: I want to relocate to PR but I have a legal shared custody with mom of 50% each how can I fight full custody
Brent T. Geers
Brent T. Geers answered on May 16, 2022

You potentially have an uphill battle. You need to show a change of circumstance or proper cause. You can move to PR, but it's likely going to come at the expense of Mom gaining primary custody, and you having parenting time in summers and major school breaks.

1 Answer | Asked in Foreclosure and Tax Law for Michigan on
Q: Did court rule retroactive 2020

I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000

Brent T. Geers
Brent T. Geers answered on May 16, 2022

I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I file for child support after 6 years with no visitation rights

My son is 6 I’ve raised him with my family. His father is 100% Absent

I have serious concerns to the point we separated when I found out I was pregnant

Mental wellness

Substance abuse

Violence

Lying about sexual abuse

I have a lot of real... Read more »

Brent T. Geers
Brent T. Geers answered on May 16, 2022

First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.

Think of it this way: if I (a complete stranger on the internet) called you and asked...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: What are the legal consequences for an employee who houses a patient in their home that they are not related to?

I recently found out that an employee who works in a health center (located within a high school) currently has a student living in their home. There is not blood relation to the student and no legal documentation indicating the employee has guardianship or can care for the student. The student is... Read more »

Brent T. Geers
Brent T. Geers answered on May 16, 2022

My first question is what does this have to do with you? If you are not the employee in question, or that person's employer, or this now adult, I'm not seeing a question. It's possible the employee has (had) a power of attorney signed by the student's parents. Of course now that... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... Read more »

Brent T. Geers
Brent T. Geers answered on May 16, 2022

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can my university fine me $120 for not attending their chapel sessions?

I attend a private christian college (Cornerstone University) in Grand Rapids MI who has bi-weekly chapels (like a christian lecture/sermon thing). Normally 15 of these are required a semester but if you have a work conflict you can be excused. I do have a work conflict, but recently they added the... Read more »

Brent T. Geers
Brent T. Geers answered on May 16, 2022

Your general sense would be right if you were attending a public school. You are attending a private, religious school. I would assume not paying the fines, and certainly continuing to not attend or watch chapel services, will eventually result in the school asking you to leave. The school has... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the definition between felony murder and aggravated murder?

When someone punches another in the face, reportedly triggering a seizure and the individual dies does this constitute murder?

Brent T. Geers
Brent T. Geers answered on May 13, 2022

There are several statutory forms of murder: 1st degree / felony murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. The facts of the case determine the degree.

In the fact scenario you provided, the person could be charged with involuntary manslaughter,...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord charge me $50 a day for late fees on my rent?

I got behind a few months on my rent and finally told her that I'm just gonna have to move. I can't afford the place any longer. Now she wants me to pay the 3 months back rent plus an additional $50 a day late fees. The late fee totals are $4500. I understand the back rent and even a few... Read more »

Brent T. Geers
Brent T. Geers answered on May 11, 2022

I would suggest moving as soon as you can. If she tries to evict you, I doubt a judge is going to impose that much in late fees as at first blush it seems excessive. But there is a lesson in this: read closely what you sign.

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