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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...
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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...
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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...
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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 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 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 -...
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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...
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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 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...
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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...
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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

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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