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Michigan Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Michigan on
Q: Can the co owner of a house invite her new boyfriend to stay with us
Brent T. Geers
Brent T. Geers answered on Jun 12, 2021

Yes, so long as it doesn't affect your tenancy. For example, it deprives you of space or use of common areas.

1 Answer | Asked in Uncategorized for Michigan on
Q: If someone says: The first date is $50. The second date may be sexual if you want. Is that considered solicitation?

The second question doesn't mention anything about money. If the person saying this does not intend to have a second date and wants to fool the guy for only giving them money for a dinner date for $50 then ghosting them. Is this illegal?

Brent T. Geers
Brent T. Geers answered on Jun 12, 2021

Possibly. The term "prostitution" is not defined in Michigan law, which means the ordinary meaning of the word applies. Right or wrong, prostitution is ordinarily defined as an act a female may engage in. Your question suggests it's the female setting the terms; she could be engaging... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: Someone is threatening to post my private pictures if i dont pay them off they will post to soc. Media can i sue?
Brent T. Geers
Brent T. Geers answered on May 5, 2021

Depends. How did they get the pictures? What are the pictures of? If they are demanding money or something else, it may be criminal extortion. You should probably consider filing a police report. Can they post the pictures? That's a different question. If they are true and accurate pictures of... Read more »

2 Answers | Asked in Uncategorized for Michigan on
Q: What is more legally binding a purchase agreement or warranty of deed

Purchase agreement said seller retains mineral rights but no reservations where placed in the warranty deed when filed

Brent T. Geers
Brent T. Geers answered on Apr 29, 2021

If I hazard to guess, I'd say the purchase agreement could be enforced to transfer the mineral rights. But you'd really want to deal with a real estate lawyer on this one.

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1 Answer | Asked in Uncategorized for Michigan on
Q: If I am emancipated at 17 and only have a permit, can I take my drivers test?

I am 17, and plan on being emancipated. Would I be able to take my drivers test or would I need to wait all of those months to take the test still?

Jay D Mukerji
Jay D Mukerji answered on Apr 21, 2021

As long as you meet the requirements to obtain a driver's license, it should not be a problem.

1 Answer | Asked in Uncategorized for Michigan on
Q: My father has 3 other children and I am the eldest. My question is These 3 other children does not have his last name.

He is not on birth certificate nor has paternity establish. These children are over 18 and have families of there own.

Am I regarded as only child as next of kin?

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

"On paper", yes. Your father should consider creating an estate plan naming and disinheriting these children - if he has reason to believe he is the biological father. Otherwise, one or all of them could petition the probate court for a share of his estate as omitted children.

1 Answer | Asked in Uncategorized for Michigan on
Q: Can a condo community vote to change their bylaws to prohibit smoking on grounds, in hallways and individual units.

Most units are owned.

Michael Zamzow
Michael Zamzow answered on Mar 15, 2021

Depends. Although, if we assuming the board has the power in the bylaws, I can't think of a superseding regulation or law that would stop the board from exercising that power and implementing the rule.

1 Answer | Asked in Uncategorized for Michigan on
Q: My roommate put a ppo on me. She has people living in my room and paying rent. Am I obligated to pay the rent

I will sign off the lease but I want the deposit back first. She will not give it to me. Only two people are on the lease but we split the rent three way because her boyfriend lives there and pays a third of the rent. What am I liable for?

Brent T. Geers
Brent T. Geers answered on Mar 12, 2021

As to the landlord, you remain liable for the rent. Getting the deposit back - or your share of it - is something you'll need to work out with the landlord. Most landlords will probably want another person to sign onto the lease before releasing you.

1 Answer | Asked in Uncategorized for Michigan on
Q: I have a boyfriend was recently deceased. He and his wife have been estranged for 14 years. We have been together for 13

Years. Is there a way for me to get his death certificate for his body's release for burial?

Brent T. Geers
Brent T. Geers answered on Mar 11, 2021

You may need authority from the probate court to designate you as the funeral representative.

1 Answer | Asked in Uncategorized for Michigan on
Q: Someone drafts will in 1999. Leaves house to wife. They then divorce. He just passed away. Does she still get house

This is Ohio not Michigan

Michael Zamzow
Michael Zamzow answered on Feb 2, 2021

It appears as though this question is asked in the wrong State "ask a lawyer" category.

A couple things to ask as starting point when you ask an Ohio attorney:

(1) Does the will say "to my wife" (or similar) or does it provide her name?

(2) What form of...
Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: My dad has was working for a union for 25 years he suffered a massive heart attack, went back to work and then got

Permanently laid off. He now needs a disability lawyer. Should we be looking for a disability lawyer or can someone help us try to get something started? Thank you so much for your time.

Email: rianleigh1992@gmail.com

Phone : 9896707749

Patrick Duff
Patrick Duff answered on Jan 12, 2021

If you're talking about applying for Social Security Disability, and not a long-term disability or some like benefit offered through the union, then sometimes claimants can be successful on their own. However, it is always helpful to speak to a lawyer before moving forward. Most disability... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: On my first date i ask for a fast speedy trial and they deniled me bc they said i wasnt incarcerated long enough

I was my own lawyer i have i Misdemeanor and a domestic assult that i did not do

Brent T. Geers
Brent T. Geers answered on Dec 21, 2020

What is your question? Speedy Trial is far more complex than what most people believe. Generally, it may entitle you to release pending trial on your own recognizance. The 6-month rule a lot of people refer to really only applies to people awaiting trial who are also MDOC prisoners, and even then... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: If we pay rent and lived here for 9 months can he legally evict us without court eviction notice?

My boyfriend and I lived here for 9 months helped fix up the house and get new appliances. There has been altercations where he thinks I need to do their dishes cause I'm currently unemployed from Covid19. He also gave us an eviction notice he downloaded and printed off from the internet and... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2020

A landlord-tenant relationship can be formed as you are describing your current situation: you pay $300 a month, and he lets you stay there. When that is established, the legal process of eviction is the remedy. That starts with either a 30-day or 7-day "notice to quit"; in rare... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: How can I add my mom's last name to my own?

I.e.: Firstname Middlename Dadlastname Momlastname. I live in MIchigan.

Brent T. Geers
Brent T. Geers answered on Aug 4, 2020

Are you an adult? If so, I don't see why you can't petition for a name change with the probate court. But please note that if you have a criminal history, you may not be able to do so.

1 Answer | Asked in Uncategorized for Michigan on
Q: Can I sue the police department for not filing my police report pertaining to a runaway?

Filed report April 1, 2020 but case does not exist. Have been calling the department & leaving messages w/ anyone who who allow me to. Officer has yet to return a simple phone call. I am still out daily looking for runaway son...with no help.

Brent T. Geers
Brent T. Geers answered on Jul 9, 2020

How old is your son? There is no requirement for the police to open a case if their investigation shows no crime or other action they can take.

1 Answer | Asked in Uncategorized for Michigan on
Q: My dad passed and his wife got everything and now she passed does my half sister get everything
Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

That would likely be the case unless there is an estate plan.

1 Answer | Asked in Uncategorized for Michigan on
Q: Can my landlord tell me who can and can't visit me in Michigan?

At one point this person was going to be living with me, so he is running a background check. He does have a history from 2004 when he was "young and dumb"....can my landlord tell me he can no longer visit?

Brent T. Geers
Brent T. Geers answered on May 19, 2020

Visit, no...unless there is some sort of court order. The landlord can certainly restrict you from having roommates. A good lease will detail what constitutes a visitor and a roommate (e.g. visitors cannot stay more than 3 consecutive overnights within a two week period). As you have previously... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: I’m 17 and live In Michigan, can a cop call my parents if I’ve violated the law but they aren’t going to arrest me?

I was in the car with my 16 yo girlfriend and we were out past curfew, I don’t have a license so she was driving and the cop had her call her mom so he could talk to her. I was curious because I know there’s different rules for 17 year olds, so can a police officer make me call my parents?

Brent T. Geers
Brent T. Geers answered on May 11, 2020

You're right: there are different rules for 17 year olds. You can be charged as an adult. Seeing that your girlfriend is close in age, and I assume the cop didn't notice anything else out of the ordinarily except for a curfew violation, I think it was appropriate for the police to call... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: Can I leave my home to drive my girlfriend to work? Regarding Michigan executive order 2020-42

I live in Michigan, and Governor Whitmer just signed an executive order banning travel between residences. I am my girlfriends ride between her workplace and home. She lives with her grandparents and we are trying to reduce exposure to the outside during this pandemic. She does not have a different... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 13, 2020

I do not think you'll be stopped doing this, assuming that you two live in the same general area (i.e. you're not driving between, say, Lansing and Detroit for these rides).

1 Answer | Asked in Uncategorized for Michigan on
Q: What happens when the owner of a car signed a car title but passes away before title is tansfered into new persons name.
Brent T. Geers
Brent T. Geers answered on Apr 9, 2020

If the actual title was signed, then I don't believe it matters legally whether the owner subsequently passed away. Obviously, it needs to be processed by the Secretary of State for issuance of a new title.

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