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Questions Answered by Brent T. Geers
1 Answer | Asked in Uncategorized for Michigan on
Q: Can the co owner of a house invite her new boyfriend to stay with us
Brent T. Geers
Brent T. Geers answered on Jun 12, 2021

Yes, so long as it doesn't affect your tenancy. For example, it deprives you of space or use of common areas.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Should I hire attorney? married 28 years did not participate in divorce process at all. Final 2020(?) Need support!!!

The case is complex; but he did some terrible things prior to filing for divorce which made it impossible for me to hire an attorney; very very long story short -I had a mental breakdown after being served and spent some time at Pine Rest completely unable to participate! He got a default judgment.... Read more »

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

It's possible, but you have a steep hill to climb, and should absolutely engage an attorney. Your first obstacle would be to set aside the default judgment. Specific rules and criteria apply, as judgments are meant to be final. Not only would you need to convince the court that you had an... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: If someone says: The first date is $50. The second date may be sexual if you want. Is that considered solicitation?

The second question doesn't mention anything about money. If the person saying this does not intend to have a second date and wants to fool the guy for only giving them money for a dinner date for $50 then ghosting them. Is this illegal?

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

Possibly. The term "prostitution" is not defined in Michigan law, which means the ordinary meaning of the word applies. Right or wrong, prostitution is ordinarily defined as an act a female may engage in. Your question suggests it's the female setting the terms; she could be engaging... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I have permanent guardianship of my granddaughter can my daughter write to the court and say she objects to it
Brent T. Geers
Brent T. Geers answered on Jun 10, 2021

Your daughter can petition the court to terminate the guardianship. Will she be successful? Hard to say without knowing more. When it comes to children, courts favor stability. The court granted a guardianship for a reason; your daughter would need to show the court some marked improvement in her... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: We live in michigan and we hung a non smoking sign on a tree in our yard now the manager says we have to take it down

We are in a trailer rental and our daughter's are allergic to cigarette smoke and we keep finding cigarette butts in our yard from the people who the park employs

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

The property may have a prohibition on signs. And unless there is some other general restriction on smoking outdoors, I don't see how the manager can enforce anything. The employees certainly shouldn't be throwing their butts in your yard however; the manager can and should do something about that.

1 Answer | Asked in Tax Law for Michigan on
Q: A family member received a PPP loan and the state took all but one dollar for back taxes.

Does this family member have any recourse against the state of Michigan for doing this?

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Doubtful. Sounds like the state collected a valid debt. Unless there is an issue with whether taxes were owed, there's probably not much that can be done.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can the personal items, 2 junk autos & a motorcycle be legally disposed of six months after occupant leaves.

former roommate bought a house and moved six months. Items were left behind that I cannot get him to move to his house. Hes avoiding me.

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

For vehicles, why not have the police tag them as abandoned and impounded? They will take it from there.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Do I need a lawyer to file for emergency full custody of my son? My sons father has an open dv case against me

He is battling mental health issues and knows the only way to hurt me is to take my son. I am worried for him to be alone with my son. He does not help financially at all and uses it to threaten me to give him my son if I need help.

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Yes, you need a lawyer, especially if you are seeking full custody, and on an emergency basis at that. It is unclear by your question which of you is the alleged perpetrator.

2 Answers | Asked in Employment Law for Michigan on
Q: Can I work for a competing company if I signed a Non-Compete for an LLC that I am not employed under within my company?

I work for [Company] Investment Fund III, LLC (Michigan). When I was on boarded for my job, I signed a NDA/Non-Compete agreement that applies to a different [Company] Investment Fund, I LLC (Pennsylvania) but under the same parent company. It states that  I cannot work for a competitor in the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Best advice would be to run the documents you have by a local employment attorney. But courts often don't favor non-compete clauses, especially when you are not actively taking business or clients away. And I think a lot is to be said that if a dispute arose, the court may be inclined to apply... Read more »

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1 Answer | Asked in Identity Theft for Michigan on
Q: In Michigan life estate deeded home laws. I am the son in 2016 I bought mom and dads house with cash no mortgage needed

Or wanted and I deeded back to them immediately with life estate deeded &recorded. Now in 2018 my bank claims they put a $945,000 future advance mortgage on their home thru me without their signature or consent. The attorney I had did not name my daughter as remainderman listed no one except me... Read more »

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

Lot going on here...are you saying that a mortgage was processed without signatures? You may need to contact the title company to help figure out what's going on.

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan, do I have to divulge a No Contest Plea from 12 yr ago on a Jury Duty questionnaire if it's been expunged?

No contest plea was to a felony. I wasn't given jail time. Just 6 months to be free of any legal trouble and the record would be expunged.

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

If it's been expunged or entered under HYTA, no.

1 Answer | Asked in Personal Injury for Michigan on
Q: my mother had an ongoing lawsuit until 1988 when she passed away, from my understanding it was settled out due to this.

I am wondering if I can re instate lawsuit under the discovery act which would circumvent the statute of limitations. I.e. Loss of motherhood and e.t.c

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

Unlikely. Someone had to have legal authority to settle the claim on your mother's behalf, and when that happened, that almost assuredly extinguished any other claims she could have raised. You *might* have your own claims you could raise, but that's going to be fact-dependent. What you... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If there has never been legal custody or child support determination and years later a father files will he owe backpay?

My boyfriend and the mother of his child were never married and have always worked out visitation between themselves and he gives her money as he can. Lately she has been denying visitation and not allowing his daughter around our other children. We want to file and get a set legal visitation... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 4, 2021

Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: Can a police officer go into a residence to do a wellness check and search while he is in there for drugs??

The person in charge of said residence told him he did not have permission

Brent T. Geers
Brent T. Geers answered on Jun 2, 2021

Your question is heavily fact-dependent. How and what was the police officer searching? What was the basis for a wellness check? Regardless, cops don't need to ignore things then in the open. For example, there would be no impermissible search required for the police to arrest someone when... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex is sole provider we have 50 50 custody. While in her care my daughter overdosed on her meds and smoked pot.

With the other adult they share a home with. Have a drug screen that's positive. How do I keep both children safe.

Brent T. Geers
Brent T. Geers answered on Jun 1, 2021

You may need to consider filing an ex parte order or other motion with the court.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can a cop search your car without asking

Was asked to get out and sit on the front of a cruiser reason for being pulled over was no plate on vehicle

Brent T. Geers
Brent T. Geers answered on Jun 1, 2021

Your question asks if the police may search your car, but your explanation doesn't involve a search. Yes, the police may request you to exit the vehicle during a traffic stop. Does it always happen? No. But they certainly may demand that you do. Can they search your car is a different matter.... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: I have a money judgement in Michigan. Can I have SOS suspend license for nonpayment?
Brent T. Geers
Brent T. Geers answered on May 28, 2021

No. But have you tried filing for a debtor's exam with the court? If debtor doesn't show up, you can ask the court for a bench warrant. If they do show up, they must produce information regarding their assets under oath.

2 Answers | Asked in Criminal Law for Michigan on
Q: There is this guy I know, who has multiple crimes and still only gets a slap on the wrist so to speak, why?

He has cut off a tether, broken a PPO order, multiple assaults , and always either gets probation or 30 days in jail, whats it gonna take to put this guy away for a while. Now he attacked a mentality handicapped guy and broke the mans arm, this is the same guy who had the PPO against him. Why is he... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2021

If this person continues this behavior, hard times are coming. Judges must take a number of factors into consideration with sentencing, including the type of crime charged - misdemeanor or felony - and what the legislature tells them is the maximum possible penalty. Judges must follow the law; they... Read more »

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1 Answer | Asked in Estate Planning for Michigan on
Q: If someone is in business with his brother and one of them die does that person share goes to his wife automatic?
Brent T. Geers
Brent T. Geers answered on May 27, 2021

Yes, unless there are estate planning or business agreement documents to the contrary.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I move out of Michigan if I’m a non custodial parent? Without the approval from the other parent or court?

I have a parenting schedule written out ready to send to the other parent. I just want to know if I have to have the approval of the other parent or court before I move.

Brent T. Geers
Brent T. Geers answered on May 26, 2021

If you want your parenting schedule entered as an order, you'll need to file the appropriate motion with the court or get an agreement signed by the other parent and entered.

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