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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: Will my ex husband have charges and go to jail?

He was in a serious car accident Memorial Day. Been in hospital and now pt rehab since. He left me a drunk vm that day but I don’t know if there were charges. Would be his 6th dui. No driver license since Feb 2003. Bench warrant for outstanding child support. Obviously no insurance or ID. Rolled... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2023

Very likely he will face charges related to this. Typically in this situation like this, the police would have a blood draw and will charge him based on those results when they come back. And obviously it will be easy to confirm driving without a license, which is a misdemeanor itself.

The...
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1 Answer | Asked in Elder Law for Michigan on
Q: My grandmother recently moved out of her home and into an assisted living facility. Should she sell her house?

My grandmother is in agreement about selling her house but the family wants to make sure that this will not result in any negative outcomes. She is paying out of pocket for the assisted living as it is not otherwise covered. She has SSI and Medicare only. She is not eligible for Medicaid, nor are... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2023

This situation is complex enough to warrant a consult with an elder law attorney AND a financial planner to help you all run through various scenarios and outcomes. In fact, there is so many products and strategies out there that you may just want to get at least two solid opinions because there... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I just found out a CNA/RN at my kid’s pediatrician office is having an affair with my husband. What to do?

We’re in the process of divorce because he was caught cheating. She’s been around my children because she recognized them at their appointment, which made her realize who I was. My children didn’t recognize her so they didn’t tell me who she was (they’re only 5 and 6 y/o). We’re not... View More

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2023

Short of complaining to the pediatrician about the RN - which there may be some ethical violations related to her licensing, and certainly bad business in any regard, but I don't think there's anything else you can do about her. The wrongdoing here is obviously with your husband, and with... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: How to file a section 1983 claim

Our daughter was murdered. Prosecuting attorny did not inform us of a court date at which a plea deal was put before the judge. Then lied to the judge and said that he met with us and discussed the plea. As a matter of fact, I tried to get him on the phone for over an hour and he refused to speak... View More

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2023

I am sorry to hear this. I don't think this is a 1983 claim though. Has the defendant been sentenced? If you haven't already, you should ask to speak with the elected prosecutor. And if the person hasn't been sentenced, you can certainly speak at sentencing about this. Unfortunately,... View More

1 Answer | Asked in Native American Law, Divorce and Family Law for Michigan on
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More

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

Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More

2 Answers | Asked in Probate for Michigan on
Q: If a sibling takes a paid off inherited home, not specifically willed, should she have to compensate siblings?

I rent, partly because I can't live with her and moved out due to her verbal abuse. The plan of my other siblings was I'd eventually live with her somewhere else to be paid off when the house is sold, as I'm not in a great financial situation. I've been paying rent over a few... View More

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

"There was probate, but I wasn't told if the house was involved."

The answer to this will tell you what you're looking at. Several things may be happening:

-your parent deeded the house to your sister before death, had your sister on the deed as a joint tenant,...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Michigan on
Q: Are there any Supervised Visitation places that supervise visits out in the community?

I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all... View More

Brent T. Geers
Brent T. Geers
answered on Jun 22, 2023

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I accepted a 48mo plea, my guidelines were 78.. Delivery or manufacturing meth, I sold to a snitch.. I bonded out,

Went to rehab on my own, and have been to IOP and aa&na like 70x times since getting outta rehab jan22nd.. also recently started working.. I asked my attorney nonstop about drug court, he never brought it up at court n is saying I got a chance at swift&sure.. Also I was taking off bond... View More

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

Let's consider a few things here:

You pled to delivering or manufacturing meth with, presumably, a recommended sentence of no more than 48 months. Your guidelines otherwise call for a sentence exceeding 78 months. Those are prison guidelines, and if you get anything less than prison,...
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1 Answer | Asked in Civil Rights and Public Benefits for Michigan on
Q: Can an agency require me to sign a release for them to request any and all personal and medical information and to share

I feel this vague release violates my privacy and I told them I would give them info that pertains to services but they are denying services til I sign.

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

Many agencies require signed releases before engaging with services. The reason being is that they need complete information about you to provide services, and don't want to be in a position where they give you inaccurate information or the misguided services based only on what you disclose or... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: i was recently sued in court for a landlord tentant case me being the tentant and didnt know til the last court date he

is a lawyer and after showing in his paperwork summited that he had pictures of my kids and i dont know how he got them think he had cameras ans showing the judge that his receipts didnt match his bank statments and other things found out he opened my mail sent to his house and opened it and... View More

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

The time period to appeal is very short and is explained in your copy of the court order. There are several actions you need to take to successfully appeal, and they need to be done timely or you completely miss the opportunity.

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: If you give your renter permission to put up a privacy fence can they tear it down when they leave?

They have a dog and our chain link fence at the property couldn’t hold their dog in so they asked t put in the fence. We never had an agreement to take money off rent or anything I am just wondering if they can tear it down? If so doesn’t our chain link fence need to be there still then?

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

A written agreement would be most helpful in this matter; otherwise, the terms in your lease would be controlling. Fortunately, those general provisions would favor you: any permanent / structural changes to the property generally stay with the property.

Do you like the fence? To clear the...
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2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

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

In short, yes. PTO and FMLA are not mutually exclusive. FMLA covers longer terms of leave for which you are ensured 1) your job upon your return, and 2) continued health insurance coverage. In relevant part, FMLA means you can't be fired or lose insurance coverage for protected periods of... View More

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1 Answer | Asked in Real Estate Law and Personal Injury for Michigan on
Q: Insurance and suing!

Hello! My name is Benjamin, and I am wondering if you can provide me some legal advice on insurance matters. I have just recently sold a house but yet still have insurance on the house. A fire happened right after I had sold the house. I made a claim to the insurance company and they are refusing... View More

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

Sue them for what? If the house was sold, you have no insurable interest in the property, even if you are still paying premiums on it. You would essentially double-dip if you already received the sale proceeds, and now you were to receive the insurance payout. That's like insuring your... View More

1 Answer | Asked in Business Formation for Michigan on
Q: Hello, I wanted to get information on legal issues I may encounter with starting a nude/topless maid service in 49048.

I believe there may be zoning issues I may encounter.

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

Lots of risk...the cost to mitigate the risks may make it hard to turn a profit.

Let's start with business licensing / regulation. Going from house-to-house may mean you need to check multiple jurisdictions to ensure you are operating legitimately. If you have two clients on either...
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1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
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1 Answer | Asked in Animal / Dog Law and Criminal Law for Michigan on
Q: I pled guilty to Animal abuse. My case has nothing to do with drugs or alcohol. Can the court put me on alcohol testing?

I pled guilty to misdemeanor Animal abuse because my lawyer said the prosecutor would drop the misdemeanor and charge me with a felony if I didn't. This case has ZERO to do with any type of drugs or alcohol. Now the court has put me in a veterans treatment court and is trying to make me... View More

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2023

I understand what you're saying but look at it this way: probation is in lieu of jail. You wouldn't be drinking alcohol in jail, would you?

And if you're in veterans treatment court, the counter argument would be made that drinking is contraindicative of the treatment and...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Seller lied in disclosure said basement didn’t flood, we forwent building inspection planing to sue is it worth it?

Rained a week after buying, 3’ round puddle formed in basement tried contacting seller to resolve issue they refused to talk. We did forgo building inspection but they lied in seller agreement. Talking to lawyer planing on suing seller to buy home back or pay for flood repair in basement. Is it... View More

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2023

No one can answer your question better than the lawyer you're talking to, who should have access to all the same details you do. And usually a lawyer would consider a contingency fee agreement for a case like this so rest assured he or she will definitely let you know whether it's worth it.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: How to find the status of a property / parcel if the publicly listed owner has passed some time (year) ago?

It has been a year or so and the property did *not* have a will attached (according to an heir with whom I briefly spoke) and was to go through probate.

As I'm following-up currently the records still only list the decedent, and as I understood it probate usually takes under about... View More

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

The property will not change hands until someone (usually an heir) commences the probate process. It is not uncommon, although unwise for a number of reasons, for houses to be held in a deceased person's name while family members continue to live there for sometimes multiple generations. As... View More

1 Answer | Asked in Divorce for Michigan on
Q: A friend is going through a divorce. Her husband said he's going to file papers against me to stay away from her & kids

Can he do that

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

Can he file? Yes. Will it be granted? Hard to tell. Generally any restrictions would involve the kids.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

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

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... View More

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