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Questions Answered by Brent T. Geers
2 Answers | Asked in Uncategorized for Michigan on
Q: How can I obtain personal items of a deceased loved one that lived with a roommate and was not at the lease at the time

My sister passed away. Before she passed she was living with a roommate and she was not on the lease of the time of her passing. There are many personal items including family heirlooms in the apartment that she was living. Her roommate will not allow family members inside the apartment to gather... View More

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

You will likely need to open a probate estate to have any legal standing to do anything. The best and most efficient way seems to be what you already tried: reason with the roomate.

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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Michigan on
Q: Should I sue my ex-fiance for money that he bullied out of the sale of the house we bought together?

I put my money into the house for downpayment, updates and labor that I believe helped us sell the house quickly and for a larger profit. I believe he took more than what he should of the profits. How can I get what I put into the house back from him?

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

Would be worth a consult with a local attorney, but unless he took more than 50% of the proceeds, it's unclear whether you'd have a claim. You also have to consider whether it would be worth it financially for you to go after him.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: My husband and I are registered to the vehicle parked in the street blocking our driveway to change the tire.

Following morning I received two misdemeanor tickets one for no proof of insurance. Found out Secretary of State canceled the plate because I only had storage insurance when I renewed the registration. I did not know that was unacceptable. I received another misdemeanor ticket for canceled plates.... View More

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2024

Are you asking in relation to your husband? If the car is registered to you, and not your husband, then you would be the only one responsible.

2 Answers | Asked in Uncategorized for Michigan on
Q: How can make the people in charge of the shelter be accountable for there diligence?

I am currently at a shelter I've been here for a year there's a couple other families been here for 2 years they don't help us try to get housing or anything for us to look for jobs applies they have black mold cockroaches bad filter in the water fountain they the employees treat... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

Without knowing more about the shelter, it's hard to say what diligence is owed to you.

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1 Answer | Asked in Foreclosure for Michigan on
Q: My brother was buying my house on verbal land contract, which apparently is illegal in MI. He's not making payments

He has borrowed back most, my issue, but he has not paid anything in a year. The courts do not seem to be helping, tried evicting both as a tenant and under land contract. The court keeps saying it falls under neither.

Brent T. Geers
Brent T. Geers
answered on Sep 11, 2024

You probably need to file a 30-day notice to quit, then an eviction action. He is a month-to-month tenant. The court is correct that when it comes to land, a verbal agreement is worth the paper it's printed on.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: i have a friend who is not married and has a kid with her boyfriend. she wants to leave but he threatens to take baby

He threatens to call the cops and say she’s unfit to make sure she can’t leave. he makes her feel it’s an impossible situation to get out of. he doesn’t abuse her. she just doesn’t want to be with him anymore. What can she do. Will she be able to leave ? Does he have any parental rights... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

1 Answer | Asked in Divorce for Michigan on
Q: Can my ex wife come after my estate for continued alimony

This pertains to my estate after I .

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2024

Depends on how the judgment is written.

1 Answer | Asked in Family Law for Michigan on
Q: If a court order is stamped with a date/filed on a specific date, when does the timeline start for things in the order?

Filed a motion and the order was stamped with a date. Within the order were specific timelines, such as therapy once a month, visits every two weeks. Does the month start the date the order was stamped or at the beginning of the next month. For example, order was dated, stamped and filed on... View More

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

Your general interpretation is correct. Presumably, you had a hearing where the judge said what the order will be. You, or your attorney - or perhaps the opposing attorney - was asked to reduce it all down to writing and file it for judge's signature. Orders typically have immediate effect.

2 Answers | Asked in Civil Rights and Education Law for Michigan on
Q: Can I request my child not be in a classroom with a certain teacher?

This teacher was fired from my job and I’m afraid he will take it out on my child. Also, he has said some indecent comments that myself and a lot of other parents are uncomfortable with.

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2024

You absolutely can request it. Up to the school administration.

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1 Answer | Asked in Family Law for Michigan on
Q: Got a strange email. It says" Find attached a case filed against you. You are required to appear in court 30 August 2024

with the attached lawsuit" The attachment is not readable. Can you explain? Tom Mooney

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2024

This is likely a scam. Call the court indicated to confirm, but email - absent some pretty specific exceptions - is not a proper form of service to start a case.

1 Answer | Asked in Employment Law for Michigan on
Q: Can an employer require you to work on projects that require your personal off hours time?
Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Yes, especially if you are salaried.

1 Answer | Asked in Criminal Law for Michigan on
Q: What is a quarterly reduction? My fiancé is in Newaygo county jail brought it up to me and wanted me to look into it

He wants to know if he could get out 3 months early with a quarterly reduction

Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Yes, it is a thing. See MCL 800.33. It's rarely successful but perhaps worth a try. The times I've seen it work are when there are verifiable exceptional circumstances well beyond "I've been good in jail".

1 Answer | Asked in Divorce for Michigan on
Q: Divorce does normal divorce papers mean I have to leave my home

I was served divorce papers the server told me I had 2 hrs to pack and leave the house if I came back a PPO wld be served do I have to leave the house just normal divorce papers was served.. I don't see anything stating a time period for me to leave, there is not form stating I must leave.

Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Ordinarily, no. But best check with an attorney now that you've been served.

1 Answer | Asked in Child Support for Michigan on
Q: Will a judge grant visitation after 13y of no contact? (Bare min child support was paid).

I’m seeking more support - and the first thing the NCp does is tell me they will then be seeking more custody.

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2024

Highly unlikely. I take it the child is now a teenager? Before granting such a request, the judge may want to talk with the child in camera (private meeting in chambers) about the child's thoughts on the matter.

2 Answers | Asked in Estate Planning and Civil Litigation for Michigan on
Q: Bought house, owners did estate sale. Cleaning crew took vintage mounted phone-NOT for sale, have stated their error. ??

The estate sale company has acknowledged that the clean up crew wrongly took the phone and sold it. Company says they want to make it right. It’s a for real vintage, red wall mounted rotary phone in pristine condition. It was mounted on the wall. (There’s a newer beige wall mounted phone in... View More

Brent T. Geers
Brent T. Geers
answered on Aug 19, 2024

I'm unsure this is a crime as there's no indication of criminal intent. Fortunately for you, the company seems to want to make it right. Show them the listings of similar phones and tell them which one they should purchase for you.

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I’m searching for parents of a child in my care. How long does it need to be in the newspaper?
Brent T. Geers
Brent T. Geers
answered on Aug 18, 2024

How long has this been going on? Have you considered petitioning for custody / guardianship?

2 Answers | Asked in Contracts and Mergers & Acquisitions for Michigan on
Q: I paid a lawyer to write a operating agreement for me and five other guys trying to start a defense contracting company

It's been 4 weeks and I still have not heard anything back yet is that normal?

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

Could absolutely be normal. Have you called to inquire about the timeline? You are paying a professional to draft a complex and personalized document, not a fill-in-the-blank template (hopefully).

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1 Answer | Asked in Family Law for Michigan on
Q: Does a first born illegitimate son have any rights on estranged fathers estate

First born son and father found out about each other at sons age of 36 hasn't talked or able to get a hold of father for 20 yrs. Found out by fathers second son that he died. Second son shares last name with father first son does not. Is second son legally to keep all of fathers estate

Brent T. Geers
Brent T. Geers
answered on Aug 16, 2024

Potentially no. If there is no will that mentions the first son, that son would be considered an "omitted heir", potentially entitling him to the same share of the estate as the other son.

1 Answer | Asked in Divorce for Michigan on
Q: What if my car is in my spouses name

I am in the process of filing for divorce. The car I drive and pay for is in his name. Should I try to sell it back to dealer, or leave him with the responsibility And buy a new one, or wait until the car situation comes up in the proceedings?

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

If divorce proceedings have started, it's generally unwise to do anything with assets or property at this point until determined by agreement or the court.

2 Answers | Asked in Collections for Michigan on
Q: Good morning I was served a summons for being sued how do I respond?

A few months ago I sent out Settlement letters to original account holder with no response and now this?

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2024

Your next step is to file an answer with the court and the party suing you. The only settlement that matters is what both parties agree to.

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