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Questions Answered by Michael Zamzow
1 Answer | Asked in Divorce for Michigan on
Q: I have filed for divorce (no property, no children) through the mifile system. I now need to request a hearing for the

final decree. I need the form Request for Hearing and cannot find the form. Can you help?

Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

With out an attorney to motion and coordinate scheduling with the judge, you might need to call the court clerk to get a hearing.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is it legal for landlord to charge you for months before you move in? Then charge you for moving in on The 1st of the mo

My landlord had me pay full rent for April and May when I do not move in until May 9th. When I asked to move in on May first they wanted to charge me and additional 125$.

Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

It sounds a little unusual, but a signed written lease could explain it away. The lease should include the term start date, possession date, and payment. If you paid for the entire month of May it would be surprising if you'd need to pay anything to move in early, but without seeing the lease... Read more »

1 Answer | Asked in Real Estate Law on
Q: good day..ang tanong ko po kailangan ko po ba magbayad sa taong nakatira sa property ko bago ko sila mapaalis?

maraming taon na silang nakatira doon ng libre,ngayon gusto ko na cla umalis pero nag de demand cla ng bayad,pwd po ba aq humindi na magbayad?salamat po

Michael Zamzow
Michael Zamzow answered on Apr 8, 2021

It depends on your jurisdiction/State, but the process of evicting a tenant generally requires a 'notice to quit' and filing with the county court where the property is located. That eviction process may cost money, but you might be able to have the evicted tenant pay for the cost of eviction.

1 Answer | Asked in Animal / Dog Law on
Q: My sister walking into my house .her dog was leashed the neighbors dog came up on the porch and kill

Now suffering from recurring nightmares and panic attacks.

She watched the neighbors 80 lbs dog kill her pomeranian.on my porch. This clearly neglect on the owners part his dog was outside the fenced in area. And ge knew it.

Who pays for ongoing psycological treatment for ptsd.

Michael Zamzow
Michael Zamzow answered on Apr 8, 2021

You'll need to specify the State where the attack took place. There is almost certainly a cause of action for the destruction of property (the pet), and it is possible that your sister could recover for mental pain in this instance, but I am not aware of a broad consensus among jurisdictions.... Read more »

1 Answer | Asked in Landlord - Tenant on
Q: I’m a tenant in a flat. I wanted to buy a cat but the agency said to me that I’m not allowed to bring pets.

Is there something I can do ?

Michael Zamzow
Michael Zamzow answered on Apr 8, 2021

You'll need to provide your state, every state has a little different law regarding landlords and tenants. Subject to your state's laws, you generally have no option but to follow the lease, and obey the rules and regulations of the property.

1 Answer | Asked in Real Estate Law on
Q: Fathers will states he left me the home house how long before I can move in ? Do I have to wait long for deed transfer
Michael Zamzow
Michael Zamzow answered on Apr 8, 2021

It might depend on your jurisdiction regarding timing. But generally you'll have to go through probate to administer the estate, including transferring the property into your name. If you're the executor/ix of the estate you might need to take steps to protect the property from waste,... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Is a repairman allowed to take pictures inside my home?

Repairman left my dryer torn apart and refuses to fix it. He called me several horrific names and then hung up on me. I am a female veteran and he made it clear he doesn’t like that fact.

Michael Zamzow
Michael Zamzow answered on Apr 7, 2021

Reads as though there is more going on than just the repair person taking photos inside your house. It is possible there is an invasion of privacy issue here, but it might depend on what was photographed and/or whether or not the contract says anything about photographs.

1 Answer | Asked in Contracts on
Q: Since nothing on this Earth happens without a CONTRACT, WHAT is THE fundamental rule, obligation and duty...

...of every member of the contract, BEFORE any kind of negotiation starts?

Thanks

Michael Zamzow
Michael Zamzow answered on Apr 7, 2021

Generally, parties are free to negotiate any terms to any agreement. Occasionally an offer could be accepted, forming a contract, if it contains basic terms (but required terms) and if it is properly 'accepted.'

There are numerous exceptions, but without more information...
Read more »

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My dad passed away - does his will die with him and everything is inherited by my mom?

My brother has a power of attorney - it's long and lenghty

Michael Zamzow
Michael Zamzow answered on Apr 7, 2021

The power of attorney is ineffective on death.

A valid will is the controlling estate document on death.

Some, or any, distributions to your mother will depend on whether or not your mother and father were married at the time of your father's death.

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1 Answer | Asked in Employment Law for Michigan on
Q: If someone tells me over text that they were going to harass me at work but they never did and probably won't,

can my boss ban this person from store even tho the man didn't do what he said. I work at 7-Eleven. I believe it's a public company not a private one

Michael Zamzow
Michael Zamzow answered on Apr 5, 2021

Generally, places of business can exclude an individual for any permissible reason.

3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: in the state of michigan . when a parent dies without a will and his wife is incompitent . what are the childs rights

my father died with no will . his wife is incapable of making her own decisions , is it legal for HER daughter to take control of my fathers assests and cut me off completely?

Michael Zamzow
Michael Zamzow answered on Apr 5, 2021

You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.

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1 Answer | Asked in Contracts for Michigan on
Q: Is a seller exempt from providing a disclosure statement because they have a tenant living in the house?
Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

In the briefest terms, the seller is probably not exempt.

The Michigan seller's disclosure statement but be provided for the sale of any residential dwelling units between 1 and 4 (single family homes to four family apartment buildings). The statement is not required if there is a...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: Can a personal representative in Michigan transfer property to himself?
Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

Generally, a personal representative in Michigan, has a fiduciary duty to the beneficiaries. The personal representative must assess the fair market value of assets, distribute the assets and pay debts of the estate, and then file taxes. And the personal representatives might be mismanaging the... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: I moved into an apartment last yr taking over an open lease. The complex has yet to have a conversation with me

And now I find out that apparently there are utilities besides consumers connected to the apartment how can I hold them accountable for never giving me this information

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

It looks like your question is originating in Ohio, but in the Michigan law section.

There just isn't enough information to provide even a remote answer, regardless you'll probably need to contact an attorney directly for a consultation on this.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I am up to date on paying my rent. My landlord has called me saying he has a buyer for the house and wants me out

Does the covid act help me for more time on getting out?

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

It is possible there are pandemic related protections in place, but those are ephemeral and case-by-location.

Here are some key points to be aware of:

(1) If you have a lease, with a defined term (for example until July 1, 2021), it is likely the landlord CANNOT remove you for any...
Read more »

3 Answers | Asked in Probate for Michigan on
Q: Can a personal representative in Michigan transfer property to himself?
Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

Generally, a personal representative in Michigan, has a fiduciary duty to the beneficiaries. Personal representatives might be mismanaging the estate through failure to timely settle debts, self-dealing or failure to assess and receive fair market value for estate assets. And the beneficiaries... Read more »

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2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

Added to the answer from Mr. Geers above, communicate with your primary care physician about your concerns about SARS-CoV-2 testing (what is being collected and tested) and vaccination. As you have no doubt noticed, the quantity of poor information from unreliable sources about the pandemic,... Read more »

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for Michigan on
Q: Do I have a right to request termination of lease, before my move in date, if landlord is not responding to concerns?

Do I have a right to request termination of lease, before my move in date, if no one is responding to these concerns? I found pests(bedbugs) of what I believe to be an infestation as I was cleaning the unit. I have proof and I’ve contacted the agent and the Property Manager and sent them... Read more »

Michael Zamzow
Michael Zamzow answered on Mar 31, 2021

There's quite a lot of misconception around landlord and tenant laws. The Michigan Landlord Tenant handbook should be easy to find and will have some helpful information in it.

Anytime you break a contract, with a complete defense or not, you're risking retaliation (balance that...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My ex-boyfriend moved out last year.

However when I signed the new lease last July, they forced him to sign the lease because it was not enough notice. Now they are saying that I cannot leave this lease when it ends in July because he isn't giving notice. Can my landlord charge me month to month and hold me to the lease?

Michael Zamzow
Michael Zamzow answered on Mar 30, 2021

See the landlord tenant handbook from the state of Michigan for perhaps a starting point, but you might benefit from a consultation from a lawyer.

It is common for residential leases to start with a 1-year term and continue in month-to-month terms until the landlord or tenant provides one...
Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Michael Zamzow
Michael Zamzow answered on Mar 30, 2021

This may be helpful.

HIPAA generally does not apply to a company unless they are a 'covered entity', 'affiliated business', or information acquired through a group health plan. And it is possible there is some overlap between the company and clinic, where the company...
Read more »

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