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I recently received money from my uncle, who was the power of attorney for my grandpa, from a life insurance policy. My uncle changed the beneficiaries to receive the payout after my grandpa passed away. He received the life insurance proceeds and distributed it among four family members, including... View More 
answered on Jun 18, 2025
The fact that the beneficiary was changed after your Grandpa's death certainly raises issues. Your uncle's power of attorney would not have been in effect, if the principal was already deceased because death of the principal would negate the power of attorney. This raises questions of... View More
I need to know if a successor patient advocate can access the same information as a primary patient advocate. In my case, the patient, who has two daughters, has designated one as the primary patient advocate and the other as the successor. The successor wants access to the same level of... View More
answered on Jun 11, 2025
The successor patient advocate in Michigan does not automatically have the same rights to access patient information as the primary patient advocate unless specific conditions are met. Under Michigan law, a successor patient advocate only assumes the powers and responsibilities of the primary... View More
My father and his brother became partners in a mechanic business in Kitchener, Ontario, Canada. The business is registered solely in my father's name, and he made all the financial investments. Due to ongoing disrespect and a recent family dispute, my father wants to remove his brother from... View More
answered on Jun 10, 2025
Fisrt of all, the relevant law in Canada my differ substantially from that in the United States. This author is not licensed to practice law in Canada, but I am providing this answer based on general principals of U.S. common law.
To address your father's business dispute with his... View More
If I file for Chapter 7 bankruptcy in Michigan and have no income or possessions valued over $800, except for my paid-off 2012 Ford Fusion with a Blue Book value of $2,000, which is essential for transportation, can they take my car?
answered on May 28, 2025
Both the federal and the state exemptions would cover the value of your car. There are two sets of exemptions that can be used by a Debtor to exempt property from being included in the bankruptcy estate. Either one should suffice to protect your interest in your car and allow you to retain it.
We refinanced a 30-year mortgage with 3 years remaining, and we were told the refinance was approved for a short term. However, after my wife's passing in September 2024, I discovered that the new mortgage is for 30 years instead. Despite attempts to contact the mortgage company, they have not... View More
answered on May 19, 2025
It is possible to pursue a lawsuit for punitive damages under a mortgage fraud cause of action in Michigan, provided certain conditions are met. Michigan law allows for punitive damages in cases involving fraud, where the conduct is extreme, willful, and intentional, and where the fraud results in... View More
When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More
answered on Apr 29, 2025
You might want to consider filing for bankruptcy. Chapter 7 will clear all the debt and priority is not an issue, if all the debt you describe is unsecured. If you do not qualify for Chapter 7 or do not want to take advantage of it, Chapter 13 will place all unsecured debt on equal footing.... View More
I am the executor of my parents' living trust, which left the assets to be evenly split between my two brothers and me. I have the warranty deed for the house, and I need to buy out my brothers or sell the home within a few months. My brothers agree to be paid their share, with one directly... View More
answered on Apr 18, 2025
As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.
Upon approval you... View More
My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More
answered on Apr 18, 2025
First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More
His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?
answered on Jan 8, 2025
In order for your husband's wages to be garnished, the creditor has already obtained a judgment against him. If you cannot negotiate a payment plan for the amount of the judgment, the alternative is to file a Chapter 7 or Chapter 13 bankruptcy.
Filing a bankruptcy may eliminate the... View More
He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.
answered on Apr 2, 2024
The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.
Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable... View More
I recently was notified that i was the beneficiary of a trust from my grandfather after he passed. I was sent only two pages of the trust document that applied to only me specifically. Do I have legal rights to see the entire trust document as it pertains to all parties?
answered on Feb 2, 2024
Under Michigan law, the trustees must provide you with the portions of the trust that relate to your rights to distributions, etc. There is nothing in the statutes to compel them to provide you with the entire trust document.
As a practical matter, however, many of the probate judges do... View More
We each have adult children and grandchildren, we are 68 and 67 years. All assets are joint, however, we would like to create a trust to protect each other and set things up the way we wish. Is this something you or your office can assist us with? Thanks so much, we live in Munith Michigan.
answered on Jun 16, 2023
Yes, we can help. The situation you describe is actually not uncommon. The fact that you are not husband and wife presents a few technical issues, but is not a bar to allowing you to arrange your affairs the way you describe.
We provide no obligation consultations, in person, over the... View More
Its a bankruptcy case
answered on Dec 23, 2022
Certainly, you should speak to your attorney about filing a motion to reopen the case and obtain permission to file the appropriate documents. He or she should obviously comply with your request. Refiling is also a possibility, but there are factors that might prevent it.
If there is no... View More
I started an LLC for software-as-a-service in Michigan and I am getting clients from Ohio and Illinois, I wanted to know that do I need to file an LLC in all states from where I get clients or I can do business from my Michigan LLC only, and where do I pay income tax?
answered on Feb 24, 2022
The filing of Articles of Organization in the other states in which you are doing business is not appropriate. Doing so would create separate entities that would have to be treated accordingly.
The registration of your company in those states in which you are doing business is, however,... View More
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