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Questions Answered by Trent Harris
2 Answers | Asked in Bankruptcy for Michigan on
Q: Wondering about the legal process for removing a dismissed chapter 13 that was never meant to be filed?

Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.

My plant was talking about another... Read more »

Trent Harris
Trent Harris answered on Jan 13, 2021

You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.

A credit reporting agency has no obligation to remove or...
Read more »

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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Michigan on
Q: Can I create custom AUDI emblems/badges out of gold/silver for my own vehicle and or to make as a product for retail?

Im an AUDI enthusiast and also a custom jewelry designer and fabricator with a small LLC. Ive wanted to replace the metal AUDI symbol and vehicle badges (S4) that are in various locations on the vehicle with identical replicas in diamond encrusted gold/silver, but understand there are probably many... Read more »

Trent Harris
Trent Harris answered on Jan 11, 2021

You can do it for yourself on your own vehicle, but you wouldn't be able to offer them for sale to others due to trademark issues. If you were to sell them at retail, you would need to obtain a license from Audi, otherwise you could be sued for trademark infringement.

2 Answers | Asked in Probate for Michigan on
Q: How long do you have,in Michigan, to petition the probate court, after a death?
Trent Harris
Trent Harris answered on Jan 11, 2021

You can open probate anytime there are assets that need to be administered or another reason exists why a personal representative should be appointed. There is no deadline. Some probate estates are not opened until decades after the person passes away, for example to clear up title to real estate.

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2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... Read more »

Trent Harris
Trent Harris answered on Jan 4, 2021

You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... Read more »

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1 Answer | Asked in Estate Planning for Michigan on
Q: Can the court enforce a specific age for inheritance to be received by beneficiaries if it’s detailed in a will??

My mom passed when I was 19, and she put in her will that we are to get 1/3 of our inheritance when we turn 30, another 1/3 when we turn 35 and the remaining 1/3 when we turn 40. Does this have to be enforced? Any way around this?

Trent Harris
Trent Harris answered on Dec 28, 2020

Yes, it's enforceable. What you are describing is not just a will, but also a trust that was created in the will (a testamentary trust). To but it bluntly, courts are going to enforce wills and trusts exactly as they are written as long as the testator/trustor had a legitimate estate planning... Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: My Dad left his house to his ex-wife but NOT the contents. She has already moved in before any distribution. Legal?

My Dad passed away 2 months ago and he left his house to his ex-wife. But he did Not leave her Any items In the house. She has since moved-in and is currently helping herself to everything there. The Will says the executor has 15 months to itemize and distribute the contents. Doesn't the value... Read more »

Trent Harris
Trent Harris answered on Dec 28, 2020

You can try to plead with the ex-wife to leave the household contents in place so that the person(s) who are entitled to them can get them. But if asking doesn't work, the only way for someone to force the ex-wife to leave the household contents alone is to open probate and have a personal... Read more »

2 Answers | Asked in Criminal Law and Probate for Michigan on
Q: My son is 13 and he keeps finding a way to smoke weed. Can I put him on probation?
Trent Harris
Trent Harris answered on Dec 21, 2020

Probation is something that's part of a criminal sentence. If you want your son to have a criminal record, you can make a police report. Then the police and prosecutor can find a way to charge him. It could also get you a visit from Child Protective Services. Those things may not work out so... Read more »

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2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: My Aunt died this year. She had always told me there would be money for me. The Trustee, says she didn't name a

beneficiary. I am now told the trustee can actually keep all of the assests. Do I have recourse?

Trent Harris
Trent Harris answered on Dec 17, 2020

This is more of a probate question. Assets that your aunt owned in her own name at death will pass based on her will, or if she had no will then by intestate succession. If the assets were in a retirement account like an IRA, 401(k), or similar then they would pass according to any beneficiary... Read more »

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1 Answer | Asked in Probate for Michigan on
Q: In michigan do i need to go thru probate to transfer the deed to his house in my name. His wife is passed away

Im the only child

Trent Harris
Trent Harris answered on Dec 16, 2020

Yes, you will need to get an order from the probate court. That could be in the form of a petition and order for assignment, or by opening probate and having a personal representative appointed who can do the transfer. For assistance, you should call and hire a probate attorney to help you with the... Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: I have 11 months left on a chapter 13. Confirmed in August 2016. Lawyer now wants bonus statements from 2016 thru now.

I explained they were not separate checks. I have given my tax returns each year of the bankruptcy. To the trustee and lawyer. Why now would the lawyer want pay statements reflecting bonuses? I am current on all payments, it comes directly from my company to trustee. Just confused since it was... Read more »

Trent Harris
Trent Harris answered on Oct 29, 2020

Your lawyer probably just wants documentation because it’s been requested by the trustee. There is no reason not to get that documentation and give it to your lawyer and trustee. It would be best to follow your lawyer’s advice, and work directly with your lawyer regarding any follow up questions.

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2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: Grandmothers estate

My grandmother recently passed and I received a copy of her will as her son, my father passed before her. I am mentioned as an heir. What are my rights? This case is out of Michigan.

Trent Harris
Trent Harris answered on Sep 12, 2020

Your rights depend on the language of the will. If you are named as someone who is to inherit property under the will, you may potentially receive something from the estate. Your interest under the will would also be affected by what property exists in the estate, what claims exist against the... Read more »

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1 Answer | Asked in Consumer Law, Products Liability, Environmental and Landlord - Tenant for Michigan on
Q: I stayed in a hotel for 118 days this year that was shut down by the fire marshal because they didn’t replace a panel

Saying it would just be a couple days all they had to do was replace a panel they forgot to but when the fire marshal returned when the panel was replaced he did a fuller inspection and found the dryer was so full of lint it was actually all the way up in the ceiling going about 40 feet back. This... Read more »

Trent Harris
Trent Harris answered on Aug 28, 2020

Dear Davisburg,

Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you...
Read more »

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: In the state of Michigan my vehicle was towed in a tow zone. I told them to drop vehicle before fully hooking up

They refused. They didn’t offer me a tow ticket or a fee schedule. Is this legal ?

Trent Harris
Trent Harris answered on Aug 17, 2020

Was your car parked in a tow zone? Was a tow truck called? Did the tow truck arrive and begin hooking up the vehicle before you came back to object? If so, this sounds legal. The harm was already done (breaking the law by parking in the tow zone). There is no legal loophole that says "but if I... Read more »

1 Answer | Asked in Collections for Michigan on
Q: My son was served with a summons from a debt collector Who he called try to negotiate lower amount can’t afford to pay

The debt is from a credit card he opened in 2014. He lost his job. Wasn’t able to pay his payments. He got another job minimum-wage basically not much more was not able to make the payments. Received notices of debt collection. He joined Navacore so that he could make payments within his... Read more »

Trent Harris
Trent Harris answered on Aug 7, 2020

When dealing with collection suits, the debt collector generally is going to try to get a judgment which will allow the creditor to collect the judgment from future income and assets. There are ways to settle such suits, either through paying a lump sum of money payable in a relatively shorter... Read more »

1 Answer | Asked in Probate for Michigan on
Q: I'm currently my fathers Conservator and Guardian. 10 years ago he suffered a stroke.

He has made a full recovery. My question is, Can we get out from under the Court Directed Probate System. It's making simple family business difficult. Are there any steps or procedures I can take to relinquish their control?

Thank You in advance.

Trent Harris
Trent Harris answered on Aug 3, 2020

Any interested person (including you, or your father) can petition the Probate Court to modify or terminate the conservatorship or guardianship, on account of changed circumstances and that the continued guardianship/conservatorship is no longer necessary for your father's protection. More... Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: My dad is from the state of Michigan where he has a home and pays taxes. However recently he has been moved to a nursing

My dad is from the state of Michigan where he has a home and pays taxes. However recently he has been moved to a nursing home in the state of Wisconsin. He would like a durable power of attorney with me as appointee, should I get these forms based out of Wisconsin because that is where he will be... Read more »

Trent Harris
Trent Harris answered on Aug 1, 2020

It sounds like Wisconsin would be the better choice if that is where he is going to be for the foreseeable future.

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1 Answer | Asked in Landlord - Tenant and Probate for Michigan on
Q: House left to church. Agreed to help me move then changed locks dumpstered my belongings. Probate open no inventory

Church nor lawyer came to inventory after either patent death. Have text of communication. I am disabled heir who cared for mother never received final month pay either. People who did the dumpstering never saw paperwork. Mentally unstable over this i had things boxed was working with them then no... Read more »

Trent Harris
Trent Harris answered on Jul 26, 2020

There are certain requirements a landlord must follow before eviction, including serving the tenant with a notice to quit, and then filing an eviction suit and getting a writ of eviction. It sounds like this process may not have been followed in your case. It would be best for you to consult with a... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: I currently have a summons form the court in Kalamazoo concerning a debt, need to know what lawyer category to search in

More legal work is needed concerning the seller of vehicle and the warranty company covering engine repairs so any further help in these area would be appreciated.

thank you

Trent Harris
Trent Harris answered on Jul 24, 2020

You could try looking for an attorney who does collection defense, or bankruptcy.

1 Answer | Asked in Probate for Michigan on
Q: Do I have to find FMV for appliances that were included in the purchase price of my deceased mother's home?

Would they be included in the FMV of her home or do I have to list them separately? We plan on including them when we sell the home.

Trent Harris
Trent Harris answered on Jul 18, 2020

Usually, when a house is sold appliances are listed separately as personal property, and they are transferred using a bill of sale or an assignment of property. This is in contrast to the real estate, which is transferred using a deed. Your settlement statement at the closing should include values... Read more »

1 Answer | Asked in Probate for Michigan on
Q: How do I determine fair market value of my deceased Mother's items when everything was bought from a second hand store?

Most of her furniture was gifted to her, would the fair market value be different than looking them up in a department store?

Trent Harris
Trent Harris answered on Jul 18, 2020

Fair market value would be the sale price that you could get by selling the same items to a third party in an arm's length sale. For example, on Craigslist, Facebook marketplace, garage sale, yard sale, etc. OR, you could also think of it as the price you would have to pay to buy an equivalent... Read more »

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