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Questions Answered by Brent T. Geers
1 Answer | Asked in Family Law, Elder Law and Probate for Michigan on
Q: What can I do my father past away this year Jan 10th he was a former veteran he had no will no power of attorney

I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2023

You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: Hi, p.o. told me to file a motion for early release from dui probation, how long does it take for a judge to act on that

The earliest they can act on it is 8/21/2023

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

Sounds like the answer is in your question. There are court rules that govern notice periods, who has to be notified, etc. Further, the court keeps a calendar. If a particular judge hears motions on a particular day of the week, that's when your motion will be heard.

1 Answer | Asked in Employment Law and Personal Injury for Michigan on
Q: Can I bring a lawsuit against a former employer who pays under the table ?

He also had me work for rent for 5 years and never gave me any rent paid receipts. We had a dispute about him not giving me proof of income nor rent paid receipts and he forced my family onto the street with no hope of securing housing without the proofs I need.

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

You have a possible wage and labor issue and a landlord tenant issue. The problem for you might be that you were okay with this arrangement - for five years - until you weren't.

1 Answer | Asked in Uncategorized for Michigan on
Q: My uncle tried to steal my half of my inheritance and I had to pay 1/3 of my inheritance to pay a lawyer to get my half

I had to pay 80k to an attorney to get my half of my inheritance. If he would not have lied on the affidavit I wouldn’t have had to get an attorney. Can I get my uncle to pay my attorney fees?

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

Possibly. You should talk with your lawyer about that. If the claim is now settled, you might have some difficulty going back asking for more money now.

1 Answer | Asked in Family Law for Michigan on
Q: How to get DNA test after paternity established

Im trying to help a friend with his situation. He has a 12 yr old daughter and has paid support this whole time. She was conceived days before he was incarcerated for a yr in jail. I don't know the exact reasoning but his ex never let him see his daughter and he never tried to push it until... View More

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

He's going to need more than speculation, and with the amount of time that has passed, he arguably doesn't have a legal right to contest paternity.

Best case scenario would be through an admission and a stipulated motion between him, the mother, and the actual father.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Michigan civil lawsuit against a neighbor who trespassed our property and called the Humane Society to trap our cats.

Their attorney claims a Statute of limitation of three years as tort, but I believe it's six years because they immediately adopted part of the cats therefore should be Statutory Conversion. Could you clarify this for me?

Brent T. Geers
Brent T. Geers
answered on Aug 12, 2023

The governing statute of limitation is for the claim made, not what it could be. Typically, in civil matters, you can make alternative claims. Each claim, though, would be subject to its applicable statute of limitations. Hopefully you are engaged with an attorney who knows this, as you can easily... View More

1 Answer | Asked in Child Support for Michigan on
Q: My ex hasn’t paid child support even tho he told the ref he would. What else can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 12, 2023

You need to contact the Friend of the Court for enforcement action.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Michigan on
Q: If a inmate in a correctional facility request to go into protective custody to avoid a confrontation with another inmat

And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2023

I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More

2 Answers | Asked in Estate Planning, Elder Law, Family Law and Probate for Michigan on
Q: A secret trust was set up by my mother’scaretaker (CT) who has all of the POA and power. I am disinherited.

Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2023

No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.

You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're...
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1 Answer | Asked in Criminal Law for Michigan on
Q: If someone is released on their own recog are they looking at alot of jail time if it’s their first offense?

Less than 50 grams

Brent T. Geers
Brent T. Geers
answered on Aug 4, 2023

I don't think you can accurately infer a potential sentence from the bond in cases like this. Bond is intended to ensure 1) the person will show up to court, and 2) community safety. In more serious offenses of course it's presumed community safety is at risk (e.g. murder). It is not,... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is...
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1 Answer | Asked in Civil Litigation and Personal Injury for Michigan on
Q: A friend visited my home and unknowingly dropped her glasses and my 7 month old puppy chewed them up. And wants me to re

Wants me to replace her glasses for $185.

Her husband is the one who sent me the message. And states if I don't contact him by 5pm he's going to have to file a lawsuit

I haven't admitted to anything nor have I contacted him back

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

For $185!? He's going to spend more than that filing a law suit.

How you move about this depends on how much you value the relationship with your friend. Although it sounds like maybe her husband is more of a problem here.

If it were me, I would be inclined not to let money...
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1 Answer | Asked in Elder Law for Michigan on
Q: I live with a old man taking care of him & his sons now decided they want to start taking care of him instead & they cal

Called the cops I opened my br door 4 the police when they asked. But they arrest

ed me for a warrant I had. Well when I went to jail the owner of the house sons went in my room without permission when police arrested me. Isn't that illegal in Michigan

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2023

Not necessarily. A lot will depend on the condition of the man you lived with and whether you can establish tenancy. It sounds like the man has some mental or age-related conditions going on, causing some concerns from his sons about his vulnerability. Regardless of your intentions, you do not want... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Michigan on
Q: Vehicle considered Totaled after not at fault accident in Michigan. Can I file a Mini Tort or Small Claims?

My vehicle was totaled (Not at fault) due to an accident in Michigan. My vehicle is 100% paid off and I did not have collision coverage as part of my auto insurance. Can I file a Mini Tort or Small Claims for the book value of my vehicle at the time of the accident?

Since I do not have... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2023

Mini tort is for the amount of the deductible you paid.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My landlord entered my home when I was gone for the weekend for my daughter's birthday was this legal for him to do?
Brent T. Geers
Brent T. Geers
answered on Jul 31, 2023

Depends on the reason and purpose: Broken pipe? Yes; Coming in to eat your food? No.

1 Answer | Asked in Business Law for Michigan on
Q: If a job does random drug testing, do they have to inform you about it upon hiring in Michigan?

Obviously if a job does random drug tests, they don’t have to give you a warning of when they are going to do them. More or less wondering that if random testing is part of the job, If they have to tell you up front

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2023

I do not believe so, but I think most employers do include a disclosure such as "may be subject to random drug testing".

Certainly worth the ask up-front if it's a concern for you.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I sue the state of Michigan?

They didn't follow due process.

Brent T. Geers
Brent T. Geers
answered on Jul 24, 2023

You certainly can. Many have tried; few have succeeded. I would suggest you contact a local attorney familiar with the court and type of law you are involved in before proceeding to be sure you are not misunderstanding something.

1 Answer | Asked in Family Law for Michigan on
Q: How can I stop cps from contacting me for a child I have no rights too.

His mother has sole legal and physical custody. Since a cps case was started the cps workers had contacted me by phone and mail. I do not want my parental rights reinstated. I do not want to notified about anything concerning this kid. The state of Michigan terminated my parental rights to the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 24, 2023

You are, perhaps, confusing legal custody with parental rights. The mother having sole legal custody does not terminate your parental rights. You are being contacted by CPS because you still have parental rights to the child.

1 Answer | Asked in Civil Litigation for Michigan on
Q: I was wondering if I would be able to get relief of judgment. Or what defense I have for legal malpractice

It's hard to explain in detail, but there is a process that is to be used when dealing with individuals who had suffered a Traumatic brain injury to allow the due process of that individual. The judge in the divorce case stated on record that he was aware of the injuries, but failed to apply... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2023

What relief are you seeking? If this was a divorce without kids, then the issue is equitable division of assets and debts. Did you settle and are now unhappy with that settlement? Or was there a trial?

1 Answer | Asked in Bankruptcy, Contracts and Health Care Law for Michigan on
Q: When a continuing Care Facility files Chapter 11 does it void the contract which includes return of part of entrance fee

My cousin recently left a continuing care facility that filed chapter 11 two weeks later. Per her contract she gave 60 days notice but moved out in 20. Is she obligated to pay for the remaining 40 days since she probably wont be getting the 90% of her entrance fee back that was promised in her... View More

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

A bankruptcy alone does not void a contract. Chapter 11 is a business reorganization. Essentially someone - a trustee - takes over the business, managing its assets and liabilities. Largely, that process does not affect you the consumer.

Think about it: you have likely bought products or...
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