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Questions Answered by Brent T. Geers
1 Answer | Asked in Probate for Michigan on
Q: Parent has 2 children, 1 child then parent dies, remaining child inherit 100 or 50 split with deceased child's children
Brent T. Geers
Brent T. Geers answered on Apr 9, 2021

50 percent, with the other 50% being split among the deceased child's children equally. This is called a per stirpes distribution.

1 Answer | Asked in Consumer Law for Michigan on
Q: Do I still need to file an answer if I settled the debt?

I was sued for debt and received a summons and complaint. I settled with them and sent them a cashier's check certified mail after getting the settlement offer via email. They got it and say they have filed a "stop service" and that I will get something in the mail in 25-30 days from... Read more »

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

You can certainly check with the court to see what's been submitted. Otherwise, your answer could simply be "settled by agreement on such-and such a date".

1 Answer | Asked in DUI / DWI for Michigan on
Q: I am on felony probation and was ordered 480 community service. Is it possible to pay some of those hours off ?
Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Typically not; community service hours are ordered for a reason. Best thing to do is talk with your probation officer about what is expected of you and what you can do before it becomes an issue for the judge.

1 Answer | Asked in Car Accidents and Personal Injury for Michigan on
Q: Had a rear end accident not at fault on a highway, cars totaled, my wife have back, and neck pain but I had no insurance

Can I still make a claim on my vehicle on others persons insurance?

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

Not for the vehicle; that's (one of) the consequences of not having insurance. You'd be responsible for your vehicle even if the other driver were at fault.

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

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

Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says... Read more »

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1 Answer | Asked in Family Law for Michigan on
Q: How can a grand parent get guardianship over their grandchildren?

One parent in jail the other is addicted to drugs

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

Does the child live with the grandparent? Does the father have legal custody? Would the drug-addicted parent agree to guardianship? Is CPS involved? A lot of factors are in play, that you'd have to work through.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Michigan on
Q: Is it legal to record domestic assault and abuse against me?

I have video proof of my spouse physically assaulting me (burning and poking me with a red hot metallic chopstick) while continuously accusing me of *multiple* affairs. Now I moved out and filed for a divorce. Can these videos be used as evidence in court?

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

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

1 Answer | Asked in Criminal Law for Michigan on
Q: may need help but first how do i find information from a motion to withdraw a plea? lower case number is 20-274136 FH

Defendant is

Brent T. Geers
Brent T. Geers answered on Apr 6, 2021

Are you asking about the status of the motion or how to do it? For the status, you'll need to contact the trial court or the attorney. For how to do it, you'll need to contact a local attorney who does criminal appeals. There are deadlines and procedures to follow, along with possible... Read more »

2 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?

Brent T. Geers
Brent T. Geers answered on Apr 5, 2021

Quite likely yes. Without a will, the father died intestate, and so his stuff will be distributed by the intestacy statute. When someone is married at the time of death, the spouse receives substantially everything (subject to a value limitation, which depends on family composition and estate... Read more »

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2 Answers | Asked in Estate Planning for Michigan on
Q: My parents will left everything to my brother. If my brother died prior to me everything would pass to me.

My brother died but willed the estate to someone else. Can I challenge the will?

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

Someone would need to see the language of the will, and know in what order people passed away. If your parents are deceased while your brother was alive, then all of their stuff would belong to him, and now his estate, to be distributed as he chooses. If your brother died before your parents, then... 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?

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

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... Read more »

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If i won case for evicting my tenant and im in the 10 day waiting period, will the new moratorium reverse the victory?
Brent T. Geers
Brent T. Geers answered on Apr 2, 2021

I don't believe so if the tenant has not already complied with the requirements for the moratorium.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire aloo

Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire arm towards my vehicle but he didn’t & I panicked and called police, he was arrested two days later. I been trying to figure out what to do and how to drop charges, I had been... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 31, 2021

The reality is that once police and the prosecutor get involved, you lose control over what happens. You can be compelled to testify, and if it comes down to it, the prosecutor will request a material witness warrant for you.Will they do it? Who knows. A lot depends on not only what your fiance is... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: So I wanted to know if this is true that if the court or a ticket has your info wrong you can get the case thrown out
Brent T. Geers
Brent T. Geers answered on Mar 31, 2021

Not necessarily. If the information is sufficient to know it's you, anything else can be corrected.

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?

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Can I get sued again if I accept this debt settlement offer?

The debt settlement letter states "this letter will confirm acceptance on behalf of the above referenced current creditor the sum of [dollar amount] as settlement of the subject account" (where dollar amount is the agreed to amount and is less than the full amount owed) and then goes on... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Sounds like it. The "settled" verbiage they are requesting actually protects them in a way; it acknowledges that you haven't paid the full amount owed, so they can properly tax you on the difference by sending you a 1099, which will effectively be income to you. Back in the day,... Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: My parents were married 16years.Divorced Decided to cohabitate,due to my brothers stroke condition.

My father suffered a major heart attack on March 16 and passed. No will. Nothing discussed. There are 6 of us children. We all agreed, that everything should go to my mother. Is there an easier way, other than probate. He had no major creditors

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Probate is the legal means to distribute property owned by a deceased person. Unless your father held assets jointly, or had beneficiary designations on everything, then probate will be necessary. Your mom is no longer an heir or entitled to a spousal elective share, but you and your siblings can... Read more »

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2 Answers | Asked in Car Accidents for Michigan on
Q: What can I do if a restaurant employee hits my car in the parking lot of the restaurant?

I was in a Jimmy Johns drive through ready to order. A Jimmy Johns employee was told to move their car, during that process she backed into my car and destroyed the front end of my car.

Brent T. Geers
Brent T. Geers answered on Mar 27, 2021

It would most likely be processed like any other traffic accident. Exchange insurance information with the employee and make a claim with your insurance company; they will take it from there.

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: how do i get cps to help me get custody of my kids who are being abused and neglected by their father? I live in MI

My kids are 14 girl, 10 boy, and 8girl. My 14 year old has accused her dad multiple times of sexually abusing her. She has been in at least 10 mental hospitals in 15 months. My other 2 kids are being neglected. They are dirty and smelly. They are solely responsible for all of the cleaning in the... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 27, 2021

CPS is an investigative agency; they are not responsible for making custody determinations - that's up to a judge. Much like the police, CPS starts an investigation based usually on a call. You can make that call; but you also should realize that there are a host of "mandated... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Is a man filing for divorce have to pay for his wife's lawyer if she can't afford one. She wants the divorce.

She left the man and child. And is living in a one bedroom apartment with 2 other people and a child. She wants the divorce.

Brent T. Geers
Brent T. Geers answered on Mar 27, 2021

Generally, each party pays his or her own attorney fees. No one has a right to an attorney in divorce proceedings. If a party cannot afford an attorney, assistance may be available through the local legal aid office.

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