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Questions Answered by Trent Harris
1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Can an Executive Director of an assisted living facility refer their resident to an attorney to have a POA and Will made

The facility is located in the state of michigan and the new resident had no POA or a will that would have specific directives.

Trent Harris
Trent Harris
answered on Apr 25, 2022

Yes, there is nothing illegal about that, however employees of the assisted living facility should not serve as witnesses to the signatures on the patient advocate designation.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can my partner evict me from our home that we both share our names on mortgage or force me to sell the house?

My girlfriend wants her name off the mortgage that we both share. She wants me to refinance and pay her half of equity that's in the house. If I can't afford to pay her half of equity can she force me to sell the home? I have already been approved to take over the mortgage loan by myself.... View More

Trent Harris
Trent Harris
answered on Apr 24, 2022

She can't evict you, but depending on how you guys hold title, whether as joint tenants or as tenants in common, she might be able to file a partition lawsuit against you to have the house sold and the proceeds split between the two of you.

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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Hi, what evidence do you need to prove a contract in small claims court? Will texts and emails be sufficient? Thx

I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... View More

Trent Harris
Trent Harris
answered on Apr 20, 2022

Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.

Think if it...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a private road easement on my land. New owners bought the land behind and are widening and cutting trees and want

To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... View More

Trent Harris
Trent Harris
answered on Apr 14, 2022

The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: Unmarried gay daughter’s partner, together 10 yrs, entitled to any inheritance
Trent Harris
Trent Harris
answered on Apr 2, 2022

No, not unless it was left to the partner in a will, trust, beneficiary designation, or ladybird deed for example.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: My grandmother recently passed away. She did not have a will. The bills are up to date. How do we transfer the deed?

Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?

Trent Harris
Trent Harris
answered on Mar 29, 2022

It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.

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2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: I've a will specifying my 2 cars go to a friend on my death. Will the friend have to pay taxes to receive the vehicles?

I am divorced, cars are titled in my name only and fully paid for, no liens. I reside in Michigan. Michigan SOS (DMV) advised heir will have to pay sales tax - seems strange. Is this correct? My house will transfer without fees on my death.

Trent Harris
Trent Harris
answered on Mar 23, 2022

I agree with the prior answer. Also, you mentioned that your house will transfer without fees on your death. That may be the case if you've signed a lady bird deed. But if not, then there may be real estate transfer tax that will need to be paid upon transfer of the house to the new owner.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My father and mother passed away In 2018. There are still renters at one of their properties. They have been there over

10 yrs. The agreement was for them to pay property taxes for rent. I have not been able to hire an estate atty to get this switched to my name. My brother wants them to have the property free of charge. My parents left a Will with me as executor back in the 1980’s (before I was 18). So these... View More

Trent Harris
Trent Harris
answered on Mar 23, 2022

Well, it depends. Let's take the questions one at a time. First, can those people continue to rent at the property, notwithstanding your parents' deaths? Yes. When the landlord dies, the tenants' leases continue, but they are now with the landlord's estate, instead of with the... View More

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property.

I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... View More

Trent Harris
Trent Harris
answered on Mar 22, 2022

I agree with Mr. Soble. When your neighbor dumps the twigs and branches back on your property, that is a trespass. You could theoretically sue for damages, but this would be something best resolved out of court between you and your neighbor.

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years

Trent Harris
Trent Harris
answered on Mar 21, 2022

By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... View More

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3 Answers | Asked in Bankruptcy for Michigan on
Q: Disabilty wages, unsecured debt, home in my name and spouse. Seperate bank accounts, Can creditor put lien on my home?
Trent Harris
Trent Harris
answered on May 18, 2021

Yes, a creditor who has a money judgment against you in Michigan can put a judgment lien on any real estate you own. The judgment lien is good for 5 years and can be renewed once for an additional 5 years. The judgment lien cannot be used to foreclose on the property but would need to be paid off... View More

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3 Answers | Asked in Social Security and Bankruptcy for Michigan on
Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?
Trent Harris
Trent Harris
answered on May 18, 2021

I agree with the above answer. But it would also depend on whether you own the home as tenants by the entireties with your spouse, and whether the judgment creditor's debt is a joint debt belonging to both spouses. As discussed by Ms. Lions, it would be best for you to get a consult with a... View More

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2 Answers | Asked in Collections for Michigan on
Q: In Michigan, can you file a motion to set aside a default and a motion for summary disposition at the same time?

Can a defendant file a motion for summary disposition before default has been set aside?

If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?

Trent Harris
Trent Harris
answered on Jan 23, 2021

No.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Wondering about the legal process for removing a dismissed chapter 13 that was never meant to be filed?

Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.

My plant was talking about another... View More

Trent Harris
Trent Harris
answered on Jan 13, 2021

You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.

A credit reporting agency has no obligation to remove or...
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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Michigan on
Q: Can I create custom AUDI emblems/badges out of gold/silver for my own vehicle and or to make as a product for retail?

Im an AUDI enthusiast and also a custom jewelry designer and fabricator with a small LLC. Ive wanted to replace the metal AUDI symbol and vehicle badges (S4) that are in various locations on the vehicle with identical replicas in diamond encrusted gold/silver, but understand there are probably many... View More

Trent Harris
Trent Harris
answered on Jan 11, 2021

You can do it for yourself on your own vehicle, but you wouldn't be able to offer them for sale to others due to trademark issues. If you were to sell them at retail, you would need to obtain a license from Audi, otherwise you could be sued for trademark infringement.

2 Answers | Asked in Probate for Michigan on
Q: How long do you have,in Michigan, to petition the probate court, after a death?
Trent Harris
Trent Harris
answered on Jan 11, 2021

You can open probate anytime there are assets that need to be administered or another reason exists why a personal representative should be appointed. There is no deadline. Some probate estates are not opened until decades after the person passes away, for example to clear up title to real estate.

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2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... View More

Trent Harris
Trent Harris
answered on Jan 4, 2021

You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: Can the court enforce a specific age for inheritance to be received by beneficiaries if it’s detailed in a will??

My mom passed when I was 19, and she put in her will that we are to get 1/3 of our inheritance when we turn 30, another 1/3 when we turn 35 and the remaining 1/3 when we turn 40. Does this have to be enforced? Any way around this?

Trent Harris
Trent Harris
answered on Dec 28, 2020

Yes, it's enforceable. What you are describing is not just a will, but also a trust that was created in the will (a testamentary trust). To but it bluntly, courts are going to enforce wills and trusts exactly as they are written as long as the testator/trustor had a legitimate estate planning... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: My Dad left his house to his ex-wife but NOT the contents. She has already moved in before any distribution. Legal?

My Dad passed away 2 months ago and he left his house to his ex-wife. But he did Not leave her Any items In the house. She has since moved-in and is currently helping herself to everything there. The Will says the executor has 15 months to itemize and distribute the contents. Doesn't the value... View More

Trent Harris
Trent Harris
answered on Dec 28, 2020

You can try to plead with the ex-wife to leave the household contents in place so that the person(s) who are entitled to them can get them. But if asking doesn't work, the only way for someone to force the ex-wife to leave the household contents alone is to open probate and have a personal... View More

2 Answers | Asked in Criminal Law and Probate for Michigan on
Q: My son is 13 and he keeps finding a way to smoke weed. Can I put him on probation?
Trent Harris
Trent Harris
answered on Dec 21, 2020

Probation is something that's part of a criminal sentence. If you want your son to have a criminal record, you can make a police report. Then the police and prosecutor can find a way to charge him. It could also get you a visit from Child Protective Services. Those things may not work out so... View More

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