Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: What is the likely time to be served in jail for a telecommunication interference charge from 4 years ago.nobody injured

Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2024

If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.

I would not anticipate any great...
View More

1 Answer | Asked in Health Care Law and Estate Planning for Michigan on
Q: Do you need a court order to stop feeding via peg-tube if patient has an advance directive stating that they want that?

My brother had a heart attack 20 years ago and it left him severely brain damaged. He has been in a semi-conscious state ever since, living in a nursing home, not able to communicate, walk, sit up unassisted, or follow commands. He does track people when they enter a room. He has been fed through a... View More

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2024

You will certainly need a court order. No medical facility is going to proceed otherwise on such an old directive, especially when there has been care to the contrary since then. There's simply way too much liability here to get it wrong.

1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: I was assaulted by the same person I filed charges on a year ago but the city I attempted to file them in did nothing

As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2024

I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More

1 Answer | Asked in Elder Law for Michigan on
Q: My mother was in Hospice. Her volunteer caregivers stole $ 18,000 from her banking. They did not have power of attorney.

my mother was on 2 pages of drugs and clearly not able to know what was going on. They took her through the bank drive thru and got added on to her account. The next day took my name off and added theirs and then took out money until it was gone. I got all the bank receipts; I am the executor of... View More

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

You've done the right thing and all you can for now. Let the police investigate, which could lead to criminal charges on the caregivers. What your mother wished to happen with the money is not relevant - even assuming you have some proof of those wishes (e.g., a will).

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How can a father in prison stop a mother from getting his child.

I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: With a ladybird deed and 4 children’s name on deed, how is estate settled?

One child and spouse moved in home and continued making loan payments. It is now 12 years later and he feels the house is his alone. Do the other 3 siblings have any claim on home and land?

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

If there is a recorded lady bird deed, then all four of you now have ownership interest. The way to "settle" this is to file a copy of the death certificate, along with a new deed listing you all as owners. While that would settle the legal question of ownership, it doesn't sound... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How can I limit the time my daughter is forced to spend with her when it is my ex's visitation that he isn't even using?

My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Do I file for parenting time or custody first
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.

1 Answer | Asked in Criminal Law for Michigan on
Q: How/why would a prosecuting attorney for criminal court move forward with charges on a he said/she said case?

There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.

View More Answers

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I really be charged for a Auto theft felony under the circumstances? Yes I abused the Privilege but it was not theft

Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2024

You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More

1 Answer | Asked in Probate for Michigan on
Q: Adult child dies in Michigan. Mother raised child. Father never involved. Does the absent father get 1/2

My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?

Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:

"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural...
View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex wife and I got a storage unit together before our divorce, but it was only put in her name. Can I get my stuff?

My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: How can they prove my dog killed the neighbors dog with no witnesses

The only thing that is proven is my dog jumped through a glass window and metal screen and was the only dog around when neighbors dog body was found in my driveway

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

One of the most commonly misunderstood components of the law is evidence. Certainly, direct evidence would be most persuasive (e.g., video of your dog). But circumstantial evidence - what you describe - can also lead to a conviction.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Cosmetic surgery for 17 year old with joint legal custody

I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: May a public body and it's employees be sued in their individual capacity; for Tort of Outrage/ Tort of Interference?

Under 42 USC § 1983 for mishandling deceased remains/ bodies and manipulating records.

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

Unlikely. A successful 1983 claim would need to establish that a government agency or its actors deprived YOU of a Constitutionally protected right; that's not the same thing as their actions simply violating a law as might be the case with simple negligence.

Not saying it's...
View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My girlfriends parents gave us their house and now she wants to evict me out of retaliation can she do that

We've been together for 6 years and lived together the same time we have no land contract or lease but she's mad over an argument and is having her parents file eviction can I fight it and sue

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

You can fight it, but you're unlikely to prevail. Your girlfriend's parents are the landowners. Your status as an unmarried couple means you have the same legal status as any other tenant to them. In Michigan, absent a lease to the contrary, you are considered a month-to-month tenant. At... View More

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Michigan on
Q: Seeking Legal Advice After Traffic Accident

Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

I think you'll find yourself coming out the same or better without hiring an attorney. The ticket isn't going to be significantly outcome determinate here. Your wife can ask for a formal hearing on it, and try negotiating for a zero point ticket for what it's worth. The insurance... View More

View More Answers

1 Answer | Asked in Family Law and Estate Planning for Michigan on
Q: I am looking for an attorney that can do a codicil to my will.

When the will was drawn up. My daughter was the sole beneficiary of the life insurance. Now I want to add my son to get an equal share. It is only two hundred thousand, but I want it to be split between son and daughter.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

You probably don't need a codicile for this as much as you do a change to your life insurance's beneficiary designation. Unless your beneficiary designation calls for your insurance to go to your estate, the insurance company will pay out whomever is listed on the beneficiary designation... View More

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: cost basis when selling property that has been owned by family for 90 years. Purchased by Grandparents in 1930's.

A Deed was recorded in 1978 joint tenancy with rights of survivorship, not tenants in common, to grandmother and her 4 children. Grandmother and 2 of the children are now deceased. Last year new QC deed to just my mother. She is now planning on selling. how is cost basis and capital gains... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

It can get complex, and it depends on whether transfer affidavits and PRE exceptions were properly completed and filed along the way. Sounds like there would be an argument that there hasn't been a uncapping event at least since 1978.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.