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Questions Answered by Trent Harris
1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many things like... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Married woman resident of Missouri try to check in local motel against Missouri law?

Married couple with three kids resident could not check in because of prostitution law

Trent Harris
Trent Harris answered on Oct 7, 2019

This discussion board is for consumer law in the state of Michigan, under Michigan law. Your question is about Missouri, and should be answered by someone who is licensed as an attorney in Missouri for Missouri law. I recommend you re-post your question to a discussion board for Missouri law.... Read more »

2 Answers | Asked in Probate for Michigan on
Q: What Paper work is needed in Michigan to claim funds in an account under intestacy?

My son passed away, there is no will and no estate other than this one account valued at $4000. He was not married and has no kids. I would like to close out the account that does not have any beneficiaries listed on and transfer the money to me to cover funeral costs.

Trent Harris
Trent Harris answered on Oct 7, 2019

The SCAO form "Affidavit of Decedent's Successor for Delivery of Certain Assets" may be what you're looking for.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: is there a time limit between TOD and the passing of the owner?

If the TOD was signed seven days prior to the account owner passing, would there be reason for dispute?

Trent Harris
Trent Harris answered on Sep 26, 2019

If you mean "can a Transfer On Death designation (TOD) on a bank account or brokerage account expire due to the passage of time after it is signed?", then

the answer is no.

As always, you get what you pay for. Be sure to consult with a qualified estate planning attorney in your...
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4 Answers | Asked in Probate for Michigan on
Q: Live in Genesee count Michigan father in-law just passed away. Family business to be divided in half but have several

Texts over a 8 month period that shows it is not how the deceased person wanted it. Also have several witnesses to state the same. How hard to fight this?

Trent Harris
Trent Harris answered on Sep 21, 2019

Actually, Ms. Whitehurst is not quite correct. A recent Michigan Court of Appeals case holds that an electronic record recorded on a person's cell phone can qualify as a person's will. See In re: Estate of Duane Francis Horton, II, decided 7/17/2018. So if a person had authored a series of texts... Read more »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My Mother Died in May 9th and my Step-father Died in September 14th before finishing/starting her estate.

Now step-dad's biological child(one of the two he has) is saying us step-kids get nothing because 100% of moms estate goes to spouse(step-dad) and now we are not entitled to his estate as step-children. Is this true? It seems like my moms estate should be settled first which we are heirs of, then... Read more »

Trent Harris
Trent Harris answered on Sep 19, 2019

That isn't necessarily correct. It would depend on how much your mother's estate was worth.

The surviving spouse gets either the first $100,000.00, or the first $150,000.00, plus 1/2 of any balance of the intestate estate, depending on whether your mother and step-dad had biological...
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2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: My husband passed away and he was the conservator on my sons settlement. My son is now 18 how does he get his money
Trent Harris
Trent Harris answered on Sep 18, 2019

Your son could try contacting the banks, brokerage companies, etc where his accounts were held. To find out, he could look through your deceased husband's records, and could also examine the probate court conservatorship file. Perhaps the locations of the accounts were identified on one of the... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: My father passed but did not have a will. I am an only child and he was not married, just a longtime girlfriend.

Aside from the institutions he had active accounts with, I do not know of any other resources I need to be aware of. How can I find out who else I need to speak with?

Trent Harris
Trent Harris answered on Sep 18, 2019

You can go through his papers and personal effects, if you have access to them, in order to try to identify other assets he may have had. You could also find out if he had a power of attorney, or some other person who was helping him with his bills, etc. Depending on the value of all the assets,... Read more »

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3 Answers | Asked in Probate for Michigan on
Q: Probate question....Michigan

My Mom cosigned on my house right before passing away almost 4 years ago. No probate was opened, as all of her accounts were payable upon death, or had beneficiaries assigned. She had cosigned on my house, but we were not aware that the property would not automatically transfer to me upon her... Read more »

Trent Harris
Trent Harris answered on Sep 17, 2019

You could do a petition and order for assignment with the Probate Court in the county in which your mother resided as of the date of her death. Or, you could file an application for informal probate and appointment of a personal representative, so the personal representative can sign a deed... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: Sis-executor, 2 bro beneficiary s and me youngest bene. we had realtor put house for sale. 2 weeks later , bro took sign

Down ,$40,000 of inheritence put in. without out me on board said his worker moving . To rent but guess has 16 mon to get loan. I still haven't read agreement,and my bro paid her rent for ,16 month. Up front ..what's that about. I don't trust these ,my executor left him in charge now of house I... Read more »

Trent Harris
Trent Harris answered on Sep 14, 2019

Your best bet would be to call a qualified probate attorney in the area where your parents last lived before they passed. Pay for a consult. The background provided here is difficult to decipher and it's difficult to give advice given this limited information.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: My son has many bills. He owes the county Jail here $1250 for a recent stay. Would bankruptcy erased by it.
Trent Harris
Trent Harris answered on Aug 21, 2019

Fines, penalties, and costs that were ordered as part of his criminal sentence would not be dischargeable. However, if this cost is to reimburse the jail for his lodging and food costs while he was there, that could be dischargeable, because it's like rent and an ordinary contract claim. You... Read more »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: A non-attorney in my neighborhood has been advertising her services to draft estate documents

She's offering what I believe to be legal advice. I specifically asked her if she was a lawyer and she said no, and is offering what I believe to be legal advice. Should she be drafting estate documents as a non-lawyer? In her exact words she "has been producing wills, powers of attorney,... Read more »

Trent Harris
Trent Harris answered on Aug 14, 2019

While merely offering fill-in do-it-yourself forms might not be the practice of law in Michigan, if someone who is a non-attorney fills them out for someone else, or tells a person how to fill them in, that would be the unauthorized practice of law. What you are describing sounds like the latter.... Read more »

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3 Answers | Asked in Probate for Michigan on
Q: My great uncle passed away with no will. His house and account will be split among his surviving nieces and nephews.

What's the split in Michigan if 3 of the nieces and nephews are deceased with surviving children

Trent Harris
Trent Harris answered on Aug 7, 2019

"The split" going to each heir depends on how many nieces and nephews there were total, and how many living nieces and nephews there were at your great uncle's death. It also depends on how many living children of nieces and nephews were alive at your great uncle's death. The rules that apply are... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Bought service for $3200 that ended up being a total deception from what the salesman said it'd be. What can I do?

They're located in Renton Washington.

Mike Winters CEO & sales

They use very deceptive techniques to capture people's money. They do nothing it sounded like they were going to do and used deception to lead you to believe you're going to make a LOT of money, quickly too. Neither... Read more »

Trent Harris
Trent Harris answered on Jul 31, 2019

Get rich quick schemes are usually too good to be true. The old adage applies: buyer beware. It's difficult to answer your question without more detailed information. By generally, a contract can be voided for fraud or misrepresentation in the making of the contract. Whether that applies to your... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Michigan on
Q: My mother passed away with no will. As her daughter, am I now responsible for her mobile home?

It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've... Read more »

Trent Harris
Trent Harris answered on Jul 26, 2019

No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became obligated to continue... Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: I inherited 28,000 from my elder aunt's estate. Check is made out to me. May I have it made out to my son instread?
Trent Harris
Trent Harris answered on Jul 22, 2019

No. The money has to be paid out to the person who is entitled to it under Michigan law, or under the will. If you don't accept the money, then it passes to the next person who would be entitled to it.

But as an alternative, you could accept the check, cash it, and then gift the funds to...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My mom is in the early stages of dementia I believe that my brother has filed for guardianship over my mother’s estate

How do I find out if he has legal guardianship over my mom’s legal affairs?

Can me & my sister contest his guardianship if he is named as such

Trent Harris
Trent Harris answered on Jul 15, 2019

If a guardianship has been filed, it should have been filed in the county where your mother resides. As a child of your mother, you should've been served with papers giving you notice of any guardianship proceeding since you are an "interested person" in your mother's welfare.

You could...
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1 Answer | Asked in Probate for Michigan on
Q: probate law- MI EPIC - a representative have how long to do an inventory
Trent Harris
Trent Harris answered on Jun 20, 2019

91 days after appointment of the personal representative.

"Within 91 days of the date of the letters of authority, the personal

representative must submit to the court the information necessary for computation of the

probate inventory fee. The inventory fee must be paid no...
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1 Answer | Asked in Probate for Michigan on
Q: How do I put a house through probate in Michigan?
Trent Harris
Trent Harris answered on Jun 17, 2019

There's several options. You could do a petition and order for assignment, using SCAO form pc556. Or you could file an application for informal probate and appointment of a personal representative, using form pc558. Or you could file a petition for formal probate and appointment of a personal... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Michigan on
Q: My ex husband passed away during a search at the Wayne County clerks office they found that we are not divorced.

In the event of my husband's passing she was to sell the house and give all proceeds to his son. I'm not on the title of the house but since I am still married to him I have rights as his wife to put this in probate. She agreed and signed a contract to that effect. Since she has stated she will... Read more »

Trent Harris
Trent Harris answered on Jun 14, 2019

First, it depends on how the property was titled, i.e. whether you are on the title too and if so, how you hold title with your deceased ex, i.e. as tenants by the entireties, joint tenants, or tenants in common. Second, it depends on how far you got in your divorce. Did you try to divorce, and... Read more »

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