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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Q: My mom & her twin sisters name was on the deed to property I inherited. I'm selling it, can she get money from the sale

Nobody knew her name was on the deed. My aunt never paid a dime towards anything for the taxes...Etc.

She left the property in 1978

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 28, 2017

Option 1: Ask your aunt for a quit claim deed.

Option 2: File a lawsuit seeking partition. For that, you will need to consult an attorney.

2 Answers | Asked in Family Law and Real Estate Law for Michigan on
Q: My name is on the Deed after both Parents deaths. Can my estranged Sister do anything?

My Dad also made a will where I am the executor and he disinherited my Sister and left her $1. Can she do anything? Grandsons'?? House and car paid off.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 28, 2017

She could potentially claim that the arrangement by which she was disinherited was caused by your undue influence over your parents, but generally, under Michigan law, a person can create an estate plan which prevents a son or daughter from receiving any property upon the parent's death. I... View More

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3 Answers | Asked in Real Estate Law for Michigan on
Q: My parents recently passed away, we are in the process of selling their home to a family member, see more in details

My parents recently passed away, we are in the process of selling their home. We obtained a home appraisal on the property it was valued at $150,000.00. The appraiser told us that included in that value was the customary 6% Real Estate Commission, but if we wanted to sell it to a family member... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 28, 2017

There is not a definite answer to this question for three reasons. First, an appraisal is an opinion as to the value. It is one piece of evidence as to the value. There is other evidence you can consider, such as the assessed value, which is the tax assessor's opinion as to the value. I... View More

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1 Answer | Asked in Banking and Contracts for Michigan on
Q: Am i obligated to pay money back without a written contract?

My girlfriend gave me $1500 to buy a new vehicle. We have since broken up and she is demanding the money back. Her name is not on the title and we were living together

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 26, 2017

Yes, you are obligated if in fact you agreed to repay. Assuming that the contract was performable within a yesr, the oral contract obligation to pay back the loan is enforceable under Michigan law because it is not in the category of contracts that must be in writing to be enforcable.

2 Answers | Asked in Tax Law and Business Law for Michigan on
Q: I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?

I only got the LLC so I could start business but never did anything with it. What do I do? I cant afford that bill and Ive never used it.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 24, 2017

If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category... View More

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1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Michigan on
Q: What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.

AT&T is sending me to collection threatening to sue for money for services I never received and therefore I threw the paperwork away. They need a password to get into my account, the password was with paperwork.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 23, 2017

Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if... View More

1 Answer | Asked in Contracts and Products Liability for Michigan on
Q: my school has recently put a new policy in regarding phones. they're forcing us to put them in a box at class start

they however, are claiming that any and all damage that might occur while the phone is in its "holder" is not the schools responsibility and are therefor not liable for damages. i just would like to know if there's some way to simply force them to claim responsibility before any... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2017

This question fits better in the category of school law, not contracts, assuming that you attend a public school and not a post-secondary school, such as a college.

A student has fewer rights at school than an adult enjoys in daily life. The student's rights are limited by the...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom did a Lady a bird deed on her house. I am one of 9 on deed. Can I sell my share to 1 of the others listed on deed?

I want to sell my share of the home to another person named on the deed. What's the paperwork schedule, and do all deed holders need to sign off on the transaction?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2017

The short answer is that you could sell your interest to one of the other joint owners without the others joining in the conveyance. However, you have not furnished enough information to identify the result. It is possible that you would sell nothing. A "Lady Bird" deed is one in which... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is there a period of time to revoke acceptance of an offer to purchase real estate?

An internet search revealed the prospective buyer has several pending lawsuits and the deposit is a personal check.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 20, 2017

I agree with the other attorney who already answered. There is no period of time to revoke acceptance of an offer. An offer can be revoked before it is accepted, but if by revoking acceptance you mean cancelling a sales agreement that has already been signed, then the answer is that there is not... View More

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1 Answer | Asked in Business Law for Michigan on
Q: my husband is part owner of LLC. God forbid, If something should happen to him, would i be entitled to his share?
Thomas. R. Morris
Thomas. R. Morris
answered on Mar 19, 2017

Probably. It depends upon 1) whether he owns his membership imterest jointly with another person; 2) his estate plan; and 3) the terms of the operating agreement (such as whether there's a buy-sell provision. You have not provided enough information to enable me to answer definitively.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I have a question about chapter 7. If you are disable and get ssdi can you loose you home?

My boyfriend's dad just file for chapter 7 last week. He saying that they have to moved out of there house and have to 2 other children. He is disable and get ssdi. He didn't co-sign a loan about 5 years old for land and it was in his name and my boyfriend name but last year he sign it to... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 16, 2017

Although the bankruptcy-specific homestead exemption under Michigan law is larger if there is a disabled person in the household, the answer is yes, your boyfriend's dad could lose his home. You have not furnished enough information to evaluate the situation.

2 Answers | Asked in Contracts and Consumer Law for Michigan on
Q: Service issue in the state of Michigan.

My wife and I had new floors put in we paid half the cost upfront and then were given an invoice for the final amount. We than paid that amount and then the next day received an email stating that the company (small business) messed up and wants us to pay another amount with no break down of the... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 16, 2017

You can ask for an explanation, but the fact that the supplier made an error does not necessarily deprive it of the right to demand the amount it believes it is owed. But if you could show that you relied upon the first billing to your detriment, you might have a defense to payment of the... View More

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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: My sister inherited farmland in Ohio via transfer on death deed months before growing crops on the land were harvested

the estate executor claimed my sister owes the crop sale proceeds to the estate, or must pay the estate the expense money the estate paid a farmer to plant and harvest. Does she?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 12, 2017

I believe that growing crops are real property under Ohio law, which would mean that unless there are additional facts to take into consideration, your sister took title to the crops. Try posting this as an Ohio real-estate-law question. The anaswer is governed by Ohio law.

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: I asked for validation of debt, signed invoice and copy of contract with all signatures. Can they sue

The information I asked for they did not comply within reasonable time it's been 2 months today I received summons it can they sue me still what can I do or what do I do because it agree to pay on those terms.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 12, 2017

Yes, your creditor can sue you and apparently has done so. You should see an attorney if you want to defend the lawsuit.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I am in ch 13. I want to speak with my mortgage co directly. Can I do that?

I am neither discharged or dismissed but have been making payments to the trustee for a year. Court date is the end of this month.

I want to talk to my mortgage company myself.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 8, 2017

The short answer is that you are free to communicate with your creditors. Due to concerns on the part of the mortgage company they might want your attorney's "permission" to speak to you.

2 Answers | Asked in Real Estate Law for Michigan on
Q: purchasing a performing note. title was conveyed by Fannie Mae to current note holder as a covenant deed.

Is a covenant deed fee simple? or can a convent deed be converted to warranty deed?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 5, 2017

The difference between a warranty deed and a covenant deed is the inclusion of a warranty of title. That single difference does not alter the estate conveyed. Most conveyances in Michigan convey fee simple title.

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1 Answer | Asked in Bankruptcy for Michigan on
Q: If I file for bankruptcy but am married, is my spouse's property considered in my filing?
Thomas. R. Morris
Thomas. R. Morris
answered on Mar 3, 2017

Basically, no. Your spouse is a separate person. However, the spouse's income may be considered in determining whether you are entitled to relief or how much you must pay in a chapter 13. The spouse does not have to sign the petition, but his or her information might need to be disclosed.... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: I claimed chapter 7 and my lawyer forgot to exempt my refund he amended the schedule will they give me my money back

They already had a lien on it and the IRS said they are sending it to the trustee if it is excempt can I get my money back

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 2, 2017

Yes, I don't understand your comment regarding the lien, but if the IRS sends it to the trustee, you can exempt it assuming that you claimed the federal exemptions and have a (d)(5) exemption available.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Hello, I am renting from a realtor and the owner of the home has not paid taxes in three years. The house has now been

added to the county forfeiture list. I have also found out that there's no cert on the house with the city. What do I do?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 2, 2017

One solution is to move out. If you have a written lease, the landlord may claim that you breached the lease. However, by failing to obtain a certificate of occupancy and by allowing it to go to the landlord may have breached it and you may be entitled to recover damages from the landlord. There... View More

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2 Answers | Asked in Divorce for Michigan on
Q: Ex spouse took out bank note 3 weeks after judgement it was to be sold and split evenly.

I have the judgement papers clearly stating this and also have the bank note in which only he signed! How can he get away with this and how can i sell my half of interest with him having a note on it?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 1, 2017

Assuming that the judgment you mention was a judgment of divorce, and assuming that you were represented in that divorce by an attorney, you need to consult with that attorney as to whether the bank note violated the judgment of divorce.

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