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Questions Answered by Trent Harris
1 Answer | Asked in Bankruptcy for Michigan on
Q: Bankruptcy on defaulted student loans

I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?

Trent Harris
Trent Harris answered on Jul 9, 2020

Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in... Read more »

1 Answer | Asked in Family Law and Probate for Michigan on
Q: My father's current guardian is misusing his money and giving some of his money to her daughter.

Should I modify the guardianship and seek guardianship and conservatorship on my father . The conservatorship case closed.

Trent Harris
Trent Harris answered on Jun 22, 2020

You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hi I have a question about adult guardianship case. I want to terminate my Father's guardianship case.

Can I have power of Attorney over my parent if someone else has guardianship over him

Trent Harris
Trent Harris answered on Jun 22, 2020

No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.

The alternative is that you could ask the...
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2 Answers | Asked in Estate Planning for Michigan on
Q: Our mother had a living trust. can we hire an atty or other to settle the trust? Value: just under $1m incl $125k in RE

Atty firm who did the trust will help but not take full responsibility. Banks seem to help only with Acct with them Ideas?

Trent Harris
Trent Harris answered on May 27, 2020

Yes, you can hire another attorney to help you administer the trust. Sometimes the firms who draft trusts are limited in what they can later do, because they might have a conflict of interest. Other times, clients may wish for the law firm to do things but perhaps those responsibilities are not... Read more »

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2 Answers | Asked in Estate Planning, Identity Theft and Probate for Michigan on
Q: My father used my identity on forged paperwork to take over my mom's estate in probate court. Can I take it back?

My mom named me her agent on a durable POA for all real and tangible personal property and highlighted at the end that it went into effect immediately (Dec '13) and was to "CONTINUE UNTIL REVOKED" - in all caps . Mom got her wings last April. After I refused to sign a letter of... Read more »

Trent Harris
Trent Harris answered on May 3, 2020

A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.

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2 Answers | Asked in Collections for Michigan on
Q: Can she do something?

My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... Read more »

Trent Harris
Trent Harris answered on May 2, 2020

The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: I have a question about a coupon being advertised.

A local car dealership has a sticker coupon on the newspaper, and it says bring in this sticky for 750 off the price of a vehicle. I was wondering if i take in 10 of them, if they would have to honor it. No where does it say one coupon per person or anything like that?

Trent Harris
Trent Harris answered on Apr 18, 2020

Absent a very specifically worded advertisement, an ad in a newspaper is not an offer to enter a contract that you can just accept by showing up with your coupon and saying "I accept." The ad is merely an invitation to deal. They would not need to give you more than $750 off any vehicle,... Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: We are in a chapter 13 and I'm wondering what will happen to our stimulus check? Considering Michigan shutdown.

My job put me on layoff a week before the shutdown here in Michigan and now our shop is closed like many others. My husband is still working as he is a mechanic but that is a unknown as to how long that will be as its based on business and if there isn't any then he wont be working. So with... Read more »

Trent Harris
Trent Harris answered on Mar 26, 2020

You're probably in luck! Sect. 1113 of the CARES Act, which was just passed by the Senate, says the definition of “income” in the Bankruptcy Code for chapters 7 and 13 will exclude coronavirus-related payments from the federal government from being treated as “income” for purposes of... Read more »

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Michigan on
Q: Property owner in FL refused to refund $ on VRBO rental, can we get our money back?

Our home state, MI, issued Stay at Home Exec. Order.

Trent Harris
Trent Harris answered on Mar 26, 2020

You will need to refer to the language your VRBO contract. But most likely, no, you can't get your money back because the stay at home order (1) didn't cancel the effect of existing contracts, and (2) the Michigan stay at home order has no effect on the state of Florida. If you need... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Are there any exemptions to statute of limitations on a credit purchase from 2005?

I am apparently being sued for $1000+ from Kay Jewelers from 2005(I believe I paid it but since it was a $150 purchase and so long ago I don't have proof). It has never shown on my credit report as a collection and actually opened a new Kay Jewelers credit account a year ago with no issues.

Trent Harris
Trent Harris answered on Mar 24, 2020

Yes, there is a 6-year statute of limitations for breach of contract in Michigan. They would've needed to sue you by 2011. But if you are dealing with this now, chances are they already got their money judgment in court and if so, they can renew that every 10 years until the debt is paid.... Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: My name is on my dads trailer. He recently passed away and I sold the trailer. Do those funds have to pay his debt
Trent Harris
Trent Harris answered on Mar 23, 2020

It depends on what form of ownership you owned the trailer in with your dad. Joint tenants with right of survivorship? Tenants in common? If the former, the trailer passed to you alone upon your father's death. If the latter, you own only 50% of the funds from the sale, and your father's... Read more »

5 Answers | Asked in Bankruptcy for Michigan on
Q: Got layed off March 19, 2020. On March 20, a debt collector took all the money from bank account, I have no money left.

The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?

Trent Harris
Trent Harris answered on Mar 22, 2020

If the money taken was more than $600, you can get that back in a bankruptcy case if you file within 90 days. It's called a preferential transfer, and it can be recovered in the bankruptcy case. For more information, consult with a bankruptcy attorney in your area.

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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I just found out that my sister convinced my dad to put her on the title/deed to his house.

I believe she took advantage when he was ill. He's 84 and in poor health. My sister does not live with him. What are my options? Thanks.

Trent Harris
Trent Harris answered on Mar 19, 2020

You could file for guardianship/conservatorship over your father. Then, if the court believes your father is in need of legal protection and the past conveyance was not in your father's best interest because of duress or undue influence, the court could set aside the transfer. To do any of... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: I moved out of my sister's and she is refusing me possession back of my personal property which my mom gave to me as an

Inheritance. I live in Michigan and my mom gave us all our inheritance just of her personal belongings before she died. My mom is not deceased. What can I do to get my stuff back

Trent Harris
Trent Harris answered on Mar 15, 2020

So what you're saying is, your mom gifted the property to you. The property became yours upon completion of the gift, ie when it was delivered to you. Now, your sister is detaining the property against your rights and not allowing you to have it.

You could sue your sister for claim...
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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can consumers energy make my pay a bill from 2009

I was trying to get gas And a inform me that I had a bill from 2009 of $1500 But I moved out of that address in the end of 2008 they will not help me out is there a limitation on how far back they can go

Trent Harris
Trent Harris answered on Mar 13, 2020

That's a good question. If the debt was from 2008-2009, it's definitely past the statute of limitations. But the statute of limitations means only that Consumers can't sue you in a court of law now to collect the debt. It doesn't necessarily mean Consumers can't ask you to... Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: my mother passed not long ago. I have property in her name. I am terminally ill. No other living siblings.

Others tell me, that my siblings children are entitled to a portion of of my mothers property

Trent Harris
Trent Harris answered on Mar 10, 2020

It depends on whether your mother left a will. If she did, maybe some of her property was supposed to go to your deceased siblings and/or their children. Otherwise, if there was no will, the property would pass to surviving children, ie you. For further information, consult with a probate attorney... Read more »

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: After death of parent..what rights do I have..other sibling won't speak to me..not knowing if will or anything..

Just some guidance what to do next

Trent Harris
Trent Harris answered on Mar 5, 2020

A person in possession of a deceased person's will has a legal duty to forward the will to the Probate Court in the county where the deceased person last lived. You could check with the Probate Court and see if a will is on file. Also, if you are a designated beneficiary under a trust, you... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I am questioning if it the will is still valid naming me executor of my mom and step dad's will. Step dad passed away

In October 2018 mom then changed all assets into her name. Is that will from 2010 still valid. Am I still the executor since step dad passed away, and Mom converted everything to her ownership. My stepdad did disinherit his natural children and it was stated in the will. He named myself the oldest... Read more »

Trent Harris
Trent Harris answered on Mar 1, 2020

The will is valid. The question is whether there is any property owned by your deceased stepdad that requires probating. If all your stepdad's property was jointly owned with your mom with survivorship rights, then the property would pass to your mom automatically and the will may not need to... Read more »

2 Answers | Asked in Consumer Law for Michigan on
Q: Being garnished now by a collector that received the judgement in 2013 and failed to collect.

I was never notified by the collection agency of garnishment. Only received a copy of the Writ of Periodic Garnishment from the cities auditing department after money was deducted for earnings. I received the document on Feb. 19th post marked Feb. 14th. Is the statute up on this? They failed... Read more »

Trent Harris
Trent Harris answered on Feb 28, 2020

I'm sorry to hear this is happening to you. I concur with Mr. Alexander's advice.

Also, you should know that as long as a judgment remains unpaid, the creditor can still renew the judgment every 10 years and continue trying to collect it. If you are judgment proof, maybe you can...
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1 Answer | Asked in Estate Planning for Michigan on
Q: Can my stepfather get reimbursement from brothers estate if he paid brothers debts prior to my brothers death
Trent Harris
Trent Harris answered on Feb 26, 2020

Possibly. He would probably need to be able to show that the payments were a loan to your brother, and not a gift. Also, stepfather would need to file a statement and proof of claim in brother's estate. For further assistance, consult with a probate attorney in your area.

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