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Questions Answered by Brent T. Geers
1 Answer | Asked in Tax Law for Michigan on
Q: I taught a remote class for Penn St Univ's State College campus this fall for $9000 in compensation. I am employed full

time for another company in the State of Michigan, and I live in Michigan year round. I taught it 100% remotely over online tools. What taxes in PA am I responsible for?

Brent T. Geers
Brent T. Geers answered on Jan 21, 2021

You should discuss with a CPA or other tax professional, and you may want to consult with a similarly qualified person in PA.

1 Answer | Asked in Car Accidents for Michigan on
Q: i had to have my arm amputated due to motorcycle accident. 1 person. my ad&d was denied cuz of bac.

it was denied on 08/20/2015. is that to long ago to appeal their decision and get the compensation i paid extra for out of my paycheck? it was an 80,000 policy and i received none. my bac was only a little above the legal limit. and the way they took it was sketchy and contradicts themselves.... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 21, 2021

You should talk with an insurance attorney, but I suspect 1) it is too late to now appeal that decision, and 2) even if you did appeal, I would imagine the policy allows them to decline coverage when they can point to a criminal act like this as the cause.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: in michigan if a parent dies married to a woman other than my mother does she have the right to exclude me from everythi

there was no will and she is not allowing me access to his home . she is not forthcoming with any of his financial things or anything to do with him what are my rights?

Brent T. Geers
Brent T. Geers answered on Jan 21, 2021

These situations are always emotionally tough. But legally, yes: whomever you are legally married to when you die stands to receive the lion's share of any estate. She would also have priority for appointment as personal representative. She would be obligated to share the inventory with you... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a ticket in michigan for unlawful use of a license plate. Please helpppp!!!

I had a second vehicle and used that plate on a truck that i had just bought. truck had insurance just couldn't make it to the dmv to transfer/get a plate due to covid-19. Im 21 and not very educated in law. I figured having a plate is better than no plate. i plead not guilty and have court in... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 20, 2021

It would seem you were charged with a misdemeanor. While someone unlikely, the potential for jail exists, and so you absolutely should consult with an attorney, or request a public defender.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord legally cut my (outside) Internet cable?

I pay for my own Internet. Cable and jack were present when I moved in. Landlord is forcing residents to use landlord-chosen ISP. New service will quadruple my bill. I asked landlord HOW my Internet service would be “discontinued” - and I was told that the cable will be cut outside my... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 20, 2021

I believe your landlord can do so. You may be in what's called a "multi-dwelling unit", and ISPs and cable companies can compete for exclusive service to those. Once service is secured, they become the exclusive provider of services to that dwelling.

1 Answer | Asked in Divorce for Michigan on
Q: I have been divorced for over 4 years. It states in divorce that the home will be sold or refinanced in that time period

I still reside in the home with our son. I am in the process of refinancing at this time. My ex is to receive 40% equity in the home. About 11/2 years into the divorce my ex filed bankrupt against the home without my knowledge. I became aware when I noticed that my payment had not been taken from... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Yikes, what a mess. You should seek the advice of the attorney who represented you in the divorce. Whomever goes to court first will be asking the court to enforce this judgment and so it's important to know exactly what this judgment says and what rights or remedies are available as a matter... Read more »

1 Answer | Asked in Personal Injury and Traffic Tickets for Michigan on
Q: can i sue the PD for giving my child covid after making my child sit in the car with the officers after a traffic stop?

my son was pulled over for a tail light while on his way to the grocery store. While pulled over neither officer had a mask and made him take his off to identify himself. While they ran his name they made him get out of his vehicle handcuffed him and sit in the patrol car with them. After waiting... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Your son should first make a complaint against the officers with the department's internal affairs. Legally, whether the officers' actions were appropriate will depend on what exactly was going on at the time, and what your son was or was not doing.

1 Answer | Asked in Probate for Michigan on
Q: My father recently passed and has a living wife. Can she give me items such as tools before probate?

There was no will and my fathers spouse lives in the house with all his stuff.

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Can she? Most likely, yes. And that will somewhat depend on if probate is necessary. Will she? That's a conversation best had with her.

The death of a loved one, and more specifically, the disposition of their estate, tends to either build or divide families. If you have a good...
Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can management ask other employees about one another for a pay raise review? (Michigan at will employer)
Brent T. Geers
Brent T. Geers answered on Jan 15, 2021

I don't see why not. Pay raises would be discretionary. And so long as your employer doesn't deny you a pay raise due to a protected class status, you'll have an uphill climb.

1 Answer | Asked in Criminal Law for Michigan on
Q: Question. I have like four felonies in my record non-voilent from 15 years ago?

Is there a way to seal my record & not expungement? Also, can I apply for a CCW? Mixed answers. Some say after I did my time & waited 5 years I can. Thank you,

Brent T. Geers
Brent T. Geers answered on Jan 15, 2021

An attorney will need to review your record to determine actual dates, charges, and your eligibility. Generally though, you will be ineligible with four felonies.

1 Answer | Asked in Health Care Law for Michigan on
Q: I have an adult patient who has his mother as a HIPAA person on his forms.Do we HAVE to speak with her?
Brent T. Geers
Brent T. Geers answered on Jan 14, 2021

Hopefully your place of employment has general counsel or some other mechanism for you to obtain legal advice about these sort of matters. You should communicate through the proper channels to get your answer to protect yourself.

Perhaps an overly simplistic answer, given without benefit of...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan on
Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 14, 2021

You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: I went through 17 and a half years of abuse and it's been 3 years since I got out.

I deal with ptsd and bpd and severe anxiety and depression due to the abuse. Do I have a case and what do I need to do

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

Who caused the abuse? It's impossible to determine if you have a case without knowing who and what happened.

1 Answer | Asked in Contracts for Michigan on
Q: for Michigan if there is no name and contact info of who constructed the contract on the contract who can object

in Michigan law if there is no name or contact information as to who constructed the contract on the contract, who has a legal rite to object to the counter claim filed because as far as I knew only the drafter of the contract has the rite to file suit and object to counter claim

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

For purposes of some claim of breach, it doesn't matter who drafted the contract. Either party may state a claim that a breach occurred. Where who drafted the contract comes into play is when there is some ambiguity in the language that substantiates the breach; when the contract is ambiguous,... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: public defender told me that I should take the deal because I'm a black man in Allegan,MI I will be convicted legal or n
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

That is not a reason to plea to something you are not guilty of. You should ask the attorney what are the elements of the crime you are charged with. Then, you must ask yourself whether there is sufficient evidence of those elements. Remember, evidence can be in the form of witness or victim... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can a ticket be dismissed if incorrect on couple things?

I got a ticket so I was doing 57 wish I was doing 50 in a 45 pulled me over those other vehicles on the bridge so I was doing 57 when you give me the ticket he wrote down I had an operators license but I have a chauffeurs license on my license and then he put black is the color of my truck when is... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

It doesn't sound like those errors will amount to a dismissal. The substance of the ticket remains valid: you were the one driving a vehicle. If you could show that you weren't even there, that would be a different thing. Whether you were truly speeding is the legal question to focus on... Read more »

1 Answer | Asked in Insurance Defense for Michigan on
Q: I have questions about having medical records release.

I'm struggling to find help in my situation about having my deceased father's medical records release to his insurance company. I am the original beneficiary on his policy, but his oldest daughter had my name removed from his policy. I wish I can afford a lawyer to guide me through this... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

It doesn't sound like your issue is necessarily with the insurance company. Their job is complete when they pay out the policy to the named beneficiary; they don't get into disputes like this. Your avenue of relief might be through the probate court; if a probate administration has not... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Me and my sons father are split up and we have 50/50 how do I go about making him pay child support
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

Have you or him filed anything with the court? If you did, that would trigger a child support evaluation and order. Child support is based on what's on paper, not necessarily what you guys are doing.

1 Answer | Asked in Family Law for Michigan on
Q: I'm 40yrs old, I'm trying to get a DNA test from my real father. I live in Michigan. How do I get the courts to order it
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

I'm not sure there is a mechanism for a court to order that. Have you tried reaching out to him? I don't think there is anything legal that can be done at this point, but if you explain to him that all you're looking for is confirmation of your questions, maybe he'll oblige.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Landlord where I was renting the basement changed the locks & refused to give me my things. said confiscated for nopay

She has everything including my receipt book for rent payments, lease, all my clothes, TV, Microwave, jewelry, bedding, and misc other things. She wanted rent in cash so I bought a receipt book for receipts. She didn't want to due to trying to keep the income secret. He Son was threatening to... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

You need to contact an attorney in your area quickly. If you cannot afford one, this is a situation your local legal aid office may provide assistance for. This doesn't sound right, and smacks of an illegal eviction.

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