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Questions Answered by Brent T. Geers
1 Answer | Asked in Health Care Law and Wrongful Death for Michigan on
Q: 2021 my father passed away from getting the Covid vaccine poor hospital treatment can I make someone accountable?

The death certificate says he died from Covid he had already recovered from Covid months before and decided to get vaccinated. Later that night and carrying into the the next day he was having a hard time breathing. We took him to the hospital where he spent the next 25 days alone because family... View More

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Might be worth a call to a medical malpractice firm, but under the circumstances, you may not find much relief. Foremost, you are likely running up against a statute of limitations.

1 Answer | Asked in Family Law and Land Use & Zoning for Michigan on
Q: Can heir property be divided by percentage and owned separately by the family, even if the will says to be in unison?

I ask this due to certain family members getting in the way of decision making, payments etc.

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2023

Yes, particularly when there is agreement to an equitable division by the heirs. In fact, typically it is wiser to do things that way, and people should plan their estates with that in mind, especially when dealing with real estate.

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: I need help with questions about a stolen pet cat..

I rescued this kitten little over 2 months ago and took it for his first vet visit. Before finding him, I had plans to go over seas for a month. So i made an agreement with my friend that I would be back in a month to get him back and pay for everything in the time being that they've done. Now... View More

Brent T. Geers
Brent T. Geers
answered on Nov 20, 2023

Domestic animals are considered property. You could file a claim and delivery action. However, you really need to assess whether it's worth your time and effort. Even if you prevail, it would change the verdict you now should have that this friend is no friend of yours.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: We are trying to see if we have a leg to stand on to restrict the other parents visitation back to only supervised visit
Brent T. Geers
Brent T. Geers
answered on Nov 16, 2023

Has there been a change that occurred after supervised parenting time ended? Supervised parenting time is not intended to be permanent, and you need a reason for the court to order it.

1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan. I'm going to be gone through divorce and once we split up our finances am I able to buy a different

House for me and my son without my soon to be ex-husband having any legal rights to it

Brent T. Geers
Brent T. Geers
answered on Nov 15, 2023

Yes, you would once the divorce is finalized.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Pulled over for speeding, double parking ticket was issued, instead. I was not speeding. Need help/advice, options?

I was pulled over for speeding, even though I was not. Cop said he clocked me in a lane that I was not in. Cop issued a dble parking ticket. I contested, had an informal zoom hearing. The cop stated in the hearing that he didn't remember any of the details and that he was moving to dismiss.... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

The court is the one that reports - or "abstracts" - data to the Secretary of State, so they would need to change the date.

1 Answer | Asked in Civil Rights for Michigan on
Q: I was convicted of a crime.i have proof now that police violated my rights by lieing on report. Statute of limitationsup

I have video that proves every cop lied on police report.that got me convicted?

Brent T. Geers
Brent T. Geers
answered on Nov 13, 2023

Did you have a trial? A police report itself is not evidence, and unless you have video of the police lying about an element of the crime or probable cause, you may be out of luck.

2 Answers | Asked in Gov & Administrative Law, Foreclosure and Civil Rights for Michigan on
Q: Hi, I’m having a hard time trying to hire an attorney, can I Represent myself in federal court
Brent T. Geers
Brent T. Geers
answered on Nov 13, 2023

If the issue with finding an attorney comes down to money, keep looking. If you do have money, and attorneys are telling you no, then you may want to consider whether you have a viable case. There's not too many attorneys who would turn down a retained case they can win.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can attorney representing my fathers estate which I'm on handle a case involving estate for my siblings?

My father passed I was going to purchase his house. Now there is a fight. My siblings want me evicted and sell to a friend of my brothers. My son got drunk brother who lives next door hates him. Can an attorney from the firm that is handling my fathers estate represent my siblings. I am on the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2023

It likely is a conflict of interest. Your siblings appear to have adverse interests and should - each - retain their own counsel.

2 Answers | Asked in Employment Law for Michigan on
Q: I have a labor question about being late and not getting paid.

I work at a school and get paid biweekly. The past two months have been crazy trying to buy a house. I’ve been getting to work one to five minutes late throughout the months. I was talked to and was told for punishment I get a whole days work docked off my pay. I was given the times I came in and... View More

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2023

I understand the punishment seems beyond the crime here. But keep in mind that if you work in a school, it's not just you and your time that factors into things: if you are a teacher, or otherwise worked singularly and directly with students, someone else may have had to step in on your... View More

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1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: Power of attorney - if my sister declines and I am successor can she reverse this if something happens to me

You

We have a power of attorney for financial and one for healthcare issues. My sister is named as primary on both with me as successor. We agreed that I would handle finances and she would handle healthcare. The bank wants a letter of resignation from her declining to be the agent for... View More

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2023

Your sister is right to be concerned, creating a need for a conservatorship to be established. While everyone sounds to be in good terms now, you all could elect to do that now to save the hassle of having to do it in the midst of a crisis.

1 Answer | Asked in Family Law and Probate for Michigan on
Q: My fiance died with no will. No kids. His new phone is on my plan with a significant balance. His sibling took his phone

His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.

Update.

I have asked for the phone back since I am paying the bill. They will not give it back.

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2023

This is a scenario with a legal answer and a contrary common sense approach.

If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Level 3 meth possession how much time they looking at
Brent T. Geers
Brent T. Geers
answered on Oct 27, 2023

It's impossible to answer questions like these without knowing the person's criminal history and facts of the case. The reason is because felony sentences are determined by proper scoring of the sentencing guidelines, which consider a person's prior record and circumstances of the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Can a felon with a csc3 become an over the road driver

My name is Jeffrey Burton and I'm a conflicted felon csc3 and I'm having trouble finding a job

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2023

I don't see why not. Unfortunately, some employers and licensing authorities may take issue with your charge.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Do I create a new appeal for post judgement proceedings or amend earlier appeal of judgement?

Greetings, lawyers.

I'm a Tenant in Detroit, MI (Wayne County) currently in Landlord-Tenant Proceedings. I appealed a decision from 36th District Court to 3rd Circuit Court. The Landlord started post-judgment proceedings in 36th District Court and we entered a Consent Judgment through... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2023

I would suggest you retain an attorney ASAP. Just in what you state is the posture of the case, there are several procedural problems to your detriment. First, I'm not sure what you understood the consent judgment to be, but it implies a final order made by the agreement of both parties. You... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Once PPO expires in Michigan, does anything remain on record? Can I now have a career in law enforcement? Or own a gun?

Ex girlfriend filed a PPO, it went uncontested (long story, but all allegations were false).

Brent T. Geers
Brent T. Geers
answered on Oct 20, 2023

PPOs in general are non-public records. Once expired, you can possess a gun again (presuming you are otherwise entitled to do so (e.g. not have a felony conviction).

Can you have a career in law enforcement is a question you'll have to ask the certification people and any hiring...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I am trying to locate a legal aid attorney .for divorce

My ex is in for life prison.i am very afraid still and need to break all ties to him.the judge has given me until Nov 4th to serve the paper to him.

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2023

Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do... View More

1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Inquiring about a law suit for failing to operate a electronic ankle monitor. As a result my child was shot.

The company failed to provide adequate services. We would like compensation.

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2023

You'd have to expand, greatly, on how failing to operate an electronic ankle monitor somehow caused or contributed to your child being shot.

Very generally, civil liability (e.g. what you would be suing for) ends upon someone else's criminal activity. This is why you don't...
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2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2023

Yes, you would need to be the personal representative, and yes, without a will, the spouse would receive a significant portion of not all of it.

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Does interest on a post divorce related money judgment accrue from the divorce date or judgment date?

Michigan Divorce was 5/2017 and 401k was part of settlement. However neither of us pursued the QDRO for over 2 years. 2019 I became unemployed at which point I had to access the 401k funds. As a result my x spouse filed a motion and a money judgment was awarded to her for half of the original 401k... View More

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2023

Typically, judgment interest accrues from the date judgment is entered. In your case, the judgment that matters is the divorce judgment. The QDRO is simply a mechanism to enforce or effectuate the judgment, so it's date does not matter.

Judgment interest is intended of course to...
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