Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Brent T. Geers
1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I paid off my mothers vehicle after she passed. No will or probate. The bank won’t speak to me about why a lien is on ca
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2023

You may need to transfer title through the Secretary of State. There is a form for this when the transfer is to an heir such as yourself and no probate proceedings.

As crazy as it sounds, to the bank, you are just a stranger until your name is on the title. And just like I couldn't...
View More

1 Answer | Asked in Family Law for Michigan on
Q: If cps put a warrant out for child neglect on me is it automatic child removal? Michigan

Overdosed child was present cps opened investigation I did home visits and drug tested dirty one time told them it would be dirty then stopped drug testing an stopped answering calls and they put warrant out for my arrest for misdemeanor child neglect in august of last year what is going to happen... View More

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

To begin, understand that CPS and the prosecutor are two separate entities. CPS is an investigative agency, much like the police. And like the police, all they can do is ask or recommend that the prosecutor do something.

CPS can initiate a petition for removal, which is actually a civil...
View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Can a defendant ask for a reversal of a no contest plea in a criminal case?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Depends on whether sentencing happened. Either way, you can ask, but a judge does not have to allow it.

"Reversal" is actually asking to withdraw your plea. If you do, the case does not go away. You effectively go back to "Square One" - facing trial as-charged with all...
View More

View More Answers

1 Answer | Asked in Family Law for Michigan on
Q: My divorced father recently passed away and left behind no will, as his only child what should I do next legally?

He left behind no will, I believe he only had a condo with a mortgage in his name, just not sure what steps I should take next.

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

You will likely need to open a probate estate. What happens to the condo depends largely on what you want to do with it - keep it or sell it.

1 Answer | Asked in Employment Law and Civil Rights for Michigan on
Q: Can I get fired from my job for my spouse yelling at an employee?

In MI. I’m a manager. My significant other felt disrespected by an employee at my job. She looked through a window to say hi to another employee and saw him staring at her. She asked if there was a problem then he made shooing gestures. When I came outside she had her arms open yelling for him... View More

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

Potentially. Understand that an employer doesn't need to prove anything to fire you. They could take the position that your boyfriend had no other business being there but for you, and as a manager, you're held to a higher standard. Will they do it depends on a whole host of variables. It... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal while an inmate is on a commitment to issue multiple warrants for probation violations on days scheduled for

Review or court for additional charges added while incarcerated

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

Yes. But in the end, it doesn't really matter as all it takes is one probation violation.

1 Answer | Asked in Identity Theft for Michigan on
Q: Hi if I was wrongly Convict for Slickly identity and was in jail for a day can I sue
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

How are you intending to prove you were wrongfully convicted? Until you do, you are simply convicted.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: if one party has a lawyer wouldn't the lawyers namme and number be on all court paperwork?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. That doesn't necessarily mean they are not working with a lawyer; it just means that an attorney hasn't officially entered an appearance with the court and so to the court, the person is unrepresented.

1 Answer | Asked in Employment Law for Michigan on
Q: I was late for a shift by 1-2 minutes. It was my first tardy. As a result, I was sent home without pay. Is this legal?

I am employed through a 3rd party/contract house. We are asked to arrive 15 minutes ahead of shift. and I typically show up to work 30 minutes early or more and have never been late in my 9 months at the job. I called/texted two supervisors to let them know there were extenuating, verifiable... View More

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

Absent a contract, you are generally considered in Michigan to be an "at-will" employee, meaning you or your employer may sever the relationship at any time for any reason. Put simply, you are not entitled to work, making this employer's actions quite likely legal if not a bit... View More

1 Answer | Asked in Employment Law for Michigan on
Q: My past employer has reported false information to my current employers that keeps me from getting jobs.

At my previous place of employment, a rumor was started about me. I was encouraged to talk about it with the employees at my job. People then began to ignore me and isolate me. This severely damaged my mental health and was documented with my therapist. I moved to a new location m to get a fresh... View More

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

Your question needs clarity that probably should be left to an offline consultation with an employee-side employment lawyer.

What is the rumor? If you are in the same geographic area, how can you be sure it was an employer and not employees spreading the rumor? You got a new job, which...
View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I take my landlord to court for not following their own lease terms they made me sign?

I moved into my current residence 2 1/2 years ago. I have had cosmetic issues with the yard from day one (safety was compromised) I asked many times to get it fixed . I was ignored . 4 months later after I made a scene it was fixed. I learned there were registered sex offenders living in the park... View More

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

What would you be looking for a court to do about your situation? The only thing a court could do is let you out of your lease without repercussion. But it sounds like you should be looking for a different place to live anyway...

Housing complexes - especially ones owned by corporations -...
View More

1 Answer | Asked in Internet Law for Michigan on
Q: Hello, Is there anything I can do about the ISP lying and constantly pushing back when I will get internet?

I moved several months ago with my wife, and had called the ISP about a month before we moved to make sure we would have internet day 1 as I work from home and require it. They say its all good and we are all set to have them come out the 1st day. Day one comes and they never show up so we call... View More

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

Unlikely...any chance there is another ISP you could go with? Did you make any deposit?

3 Answers | Asked in Personal Injury for Michigan on
Q: In Michigan a 96 year old falls and breaks his hip, dying three weeks later. Is this an accidental death?
Brent T. Geers
Brent T. Geers
answered on Jul 11, 2023

No one but a medical expert can tell. More often, elderly people die from complications related from the fall, not from the bone breaking itself, with the result being death itself is from natural causes.

View More Answers

2 Answers | Asked in Family Law for Michigan on
Q: What should I do when my lawyer “switches sides” ?

He concealed evidence from me pursuant to a subpoena, lied to me about it and when he knew that I knew what he di, filed a Motion to withdraw as counsel.

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

Your goal should be to persuade the judge of your position. It's not about your lawyer "switching sides", which he cannot do because of ethical and procedural processes. You should seek new counsel promptly.

View More Answers

1 Answer | Asked in Civil Rights and Contracts for Michigan on
Q: Hello, Does my spouse and I have to sign a liability release form to allows photos to be taken and used ANY way/ forever

We are going on a 5 day trip to Jamaica. My sister in law invited us as tag a longs via HER church. We paid for the air fare on our own. However, the church secured block rooms price. We paid that directly to Liberty Travel agency. We paid for travel and flight insurance directly to the travel... View More

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

If the dinner is optional - and I can't think of anyway they could make it mandatory even if they wanted to - then I think you have a choice to make: either go to the dinner and have a conversation about pictures before or during the dinner, or don't go to the dinner.

I would...
View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If I bought a house from somebody and paid 95% of the home but the person did not have the deed yet and use my money to

To give them the rest of the money which was $900 and they went ahead and sold it to somebody else behind my back but I have been living in the home for over 5 months and the person that sold me the house had already had somebody come to the house once before with a gun and basically threaten my... View More

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

The person whose name is on a deed owns the house. If that's not you, and you have no written purchase agreement or other writing evidencing a transfer of ownership, your issue may be with the person you've been paying, not the people who supposedly now own the house.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Criminal Law and Appeals / Appellate Law for Michigan on
Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison

The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More

Brent T. Geers
Brent T. Geers
answered on Jul 6, 2023

By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always... View More

1 Answer | Asked in Employment Law for Michigan on
Q: I interviewed for a job in may/ June 2002. One of the benefits offered was lifetime healthcare for myself and my wife.

I took the job in part because of this. On July 1st that year the policy changed and wives were no longer covered. Should my employer honor the original information I had. I do not have an offer letter to prove I was told of this benefit.

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

Unlikely, for several reasons. When did you actually begin employment? We're talking something that happened over 20 years ago, so even with some sort of bargained-for exchange, you've arguably waived or ratified by your continued employment.

1 Answer | Asked in Domestic Violence, Divorce and Family Law for Michigan on
Q: I want to sue my husband for domestic violence. I have proof of pics, voice, police report. but how do I start?

I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More

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

Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.

Keep in mind that Michigan is a "no fault" state...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

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

The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.