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Questions Answered by Brent T. Geers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How can I limit the time my daughter is forced to spend with her when it is my ex's visitation that he isn't even using?

My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Do I file for parenting time or custody first
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.

1 Answer | Asked in Criminal Law for Michigan on
Q: How/why would a prosecuting attorney for criminal court move forward with charges on a he said/she said case?

There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can I really be charged for a Auto theft felony under the circumstances? Yes I abused the Privilege but it was not theft

Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2024

You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More

1 Answer | Asked in Probate for Michigan on
Q: Adult child dies in Michigan. Mother raised child. Father never involved. Does the absent father get 1/2

My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?

Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:

"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex wife and I got a storage unit together before our divorce, but it was only put in her name. Can I get my stuff?

My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: How can they prove my dog killed the neighbors dog with no witnesses

The only thing that is proven is my dog jumped through a glass window and metal screen and was the only dog around when neighbors dog body was found in my driveway

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

One of the most commonly misunderstood components of the law is evidence. Certainly, direct evidence would be most persuasive (e.g., video of your dog). But circumstantial evidence - what you describe - can also lead to a conviction.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Cosmetic surgery for 17 year old with joint legal custody

I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: May a public body and it's employees be sued in their individual capacity; for Tort of Outrage/ Tort of Interference?

Under 42 USC § 1983 for mishandling deceased remains/ bodies and manipulating records.

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

Unlikely. A successful 1983 claim would need to establish that a government agency or its actors deprived YOU of a Constitutionally protected right; that's not the same thing as their actions simply violating a law as might be the case with simple negligence.

Not saying it's...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My girlfriends parents gave us their house and now she wants to evict me out of retaliation can she do that

We've been together for 6 years and lived together the same time we have no land contract or lease but she's mad over an argument and is having her parents file eviction can I fight it and sue

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

You can fight it, but you're unlikely to prevail. Your girlfriend's parents are the landowners. Your status as an unmarried couple means you have the same legal status as any other tenant to them. In Michigan, absent a lease to the contrary, you are considered a month-to-month tenant. At... View More

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Michigan on
Q: Seeking Legal Advice After Traffic Accident

Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

I think you'll find yourself coming out the same or better without hiring an attorney. The ticket isn't going to be significantly outcome determinate here. Your wife can ask for a formal hearing on it, and try negotiating for a zero point ticket for what it's worth. The insurance... View More

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1 Answer | Asked in Family Law and Estate Planning for Michigan on
Q: I am looking for an attorney that can do a codicil to my will.

When the will was drawn up. My daughter was the sole beneficiary of the life insurance. Now I want to add my son to get an equal share. It is only two hundred thousand, but I want it to be split between son and daughter.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

You probably don't need a codicile for this as much as you do a change to your life insurance's beneficiary designation. Unless your beneficiary designation calls for your insurance to go to your estate, the insurance company will pay out whomever is listed on the beneficiary designation... View More

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: cost basis when selling property that has been owned by family for 90 years. Purchased by Grandparents in 1930's.

A Deed was recorded in 1978 joint tenancy with rights of survivorship, not tenants in common, to grandmother and her 4 children. Grandmother and 2 of the children are now deceased. Last year new QC deed to just my mother. She is now planning on selling. how is cost basis and capital gains... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

It can get complex, and it depends on whether transfer affidavits and PRE exceptions were properly completed and filed along the way. Sounds like there would be an argument that there hasn't been a uncapping event at least since 1978.

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1 Answer | Asked in Criminal Law, Divorce and Child Support for Michigan on
Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Michigan on
Q: I'm being summoned to court which is 3 hours away for an arraignment about my dog biting another dog. What should I do?

While out in public, my leashed medium-sized dog got entangled in a crowd, while trying to unentangle him, he attacked a small dog that was being walked toward our direction. My dog hasn't had any issues previously which makes me believe that the little dog did something that my dog reacted to... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Hire an attorney in the location of the arraignment. They may be able to arrange for this to be done by zoom or resolve it by some other means.

If this incident happened in your location, I'm unsure how you would be arraigned in a court 3 hours away. You also need to look into that...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I am currently fighting for forfeiture of land contract I have to miss now 3 days of work can I ask for loss wages

I am going back court this week they owe 39000 in back payments, taxes and late fees. The judge initially is questioning why a 90 late fee is assessed if they are more than 15 days late although it is in contract. What is a good rebuttal for this. Can I charge for my loss wages

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

You generally cannot charge for wage loss due to court attendance. As to the fee issue: just because it's in the contract does not mean the judge may find it appropriate. As a general proposition, late fees must be reasonable, considering your costs / damages for late payment. They are not to... View More

2 Answers | Asked in Civil Rights for Michigan on
Q: 60th District ( 1 judge) Court failed to accept evidence provided, them proceeded irresponsibility, dismissing

All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

The court cannot tell you you are not able to serve papers as a legally competent adult who is not otherwise a party to the action. In other words, you are free to be a process server. What they can do and say is that you are no longer an appointed court officer. In most jurisdictions, that's... View More

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1 Answer | Asked in Contracts and Estate Planning for Michigan on
Q: Is a second trust legal if the first trust has a contract stating no changes can be made to the first trust?

A revocable trust is made by husband and wife.

A contract is signed by both stating no changes can be made to the trust if one dies.

Husband dies.

Wife creates a second revocable trust which changes the beneficiaries from 4 kids (3 of husbands) to the 1 child of the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

They both could be legally binding. It depends on what the first trust says happens to the funds once one spouse dies (in this case, the husband died first). That trust could say "once the first spouse dies, everything goes to the surviving trust". If that's the case, then the... View More

3 Answers | Asked in Car Accidents for Michigan on
Q: Does the value of a car before an accident matter in a mini tort lawsuit?

I am at fault, and did not have limited liability coverage. The driver I rear ended does not carry collision. He is suing me for the $3000 tort claim. His repairs are over $6000 but the car is only worth $1000 to $2000. Does this factor in at all?

Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

Michigan's auto insurance scheme is somewhat unique to Michigan. For purposes of mini tort, the value of the car makes no difference. What matters is the person's out-of-pocket costs, subject to the percentage of fault, and limited to $3,000. Commonly, mini-tort is used to compensate... View More

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