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Questions Answered by Trent Harris
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 not... 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 filing... 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 further... 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 estate... 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 these... 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 and...
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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 pay your past-due balance... 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 should... 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 be... 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 convince...
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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.

1 Answer | Asked in Collections for Michigan on
Q: my husband was discharged from hospital and made a financial agreement to pay 200 a month which I have been paying, now

they sent to collection no notice. also they say we owe more then we do.i have every receipt. this does not seem fair. what can we do?

Trent Harris
Trent Harris answered on Feb 20, 2020

Your husband should contact the hospital's billing/collections department to get more information. It is unlikely that they will deal with anyone other than him, due to HIPAA and other privacy laws.

He can ask them to provide records to support their version of the amount due. If it is...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Probate and Life Insurance

My mother in law had a 50K life insurance police she passed in November and my father-in-law was the beneficiary. He died 43 days later before the policy paid out (check just came) does the money go into probate or go to the children?

Trent Harris
Trent Harris answered on Feb 11, 2020

The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My mother passed away in 2016 and my mother and brother are on the deed to her home as tenants in common.

We had a lawyer try and do a small estate as the estate value was less than the $22000 allowed in Michigan but it was denied, Would that be because my brother is also on the deed it has to go to probate?

Trent Harris
Trent Harris answered on Feb 6, 2020

Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can... Read more »

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My husbands parents passed away, no will and no one named as executor.

He has 1 sister and 1 brother. They want me to be executor as I have experience (I’ve done this before). Sister does not agree with them and does not want me to do it. If the 2 brothers agree and sister does not, what do we do?

Trent Harris
Trent Harris answered on Feb 4, 2020

The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested... Read more »

1 Answer | Asked in Probate for Michigan on
Q: Can a debt collector come after a beneficiary of a life insurance policy?

My father recently passed away and was a sole owner of a LLC. He was paying a supplier 400 USD a month to settle a debt. Can the supplier go after the benefits my mother is owed from his life insurance policy? She was not listed as an owner or investor in the LLC. Thanks for your help

Trent Harris
Trent Harris answered on Feb 3, 2020

No. A creditor of the LLC or of your father has no standing to go after proceeds of a life insurance policy. The creditor's remedy, if the creditor has one, is to file a claim against the LLC. If your father personally guaranteed the debt or was found personally liable to the creditor in an estate,... Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: Will I have a legal right to my mother's assets if she dies before my stepdad?

I am my mom's only biological child and my stepdad has 3 kids (all adults). My stepdad is the beneficiary of her life insurance and all assets are jointly owned. My stepdad said that when he passes I would get a portion of what they owned and would be split amongst the 4 of the children. Would I... Read more »

Trent Harris
Trent Harris answered on Feb 1, 2020

Your right to inherit from your mother and stepdad depends on a number of factors, like whether either one has a will, how much their assets are worth, and who dies first. Without a will, you have a right to inherit from your mother's probate estate if she dies, but only if her probate property is... Read more »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am trustee of my recently deceased father's living trust. I am trying to gain access to his bank account.

The account is listed in the trust but no beneficiaries are listed. I have the trust in hand with all notarized documents and the death certificate. The Bank is telling me that I need a letter of authority to get access to the funds. There is nothing on file at the Van Buren County probate Court.... Read more »

Trent Harris
Trent Harris answered on Jan 27, 2020

You do not need letters of authority. That is for a probate estate. If the bank account was already owned by the trust, then what you likely need is a signed acceptance of successor trustee, showing that you have taken over as trustee and accept your obligations as trustee of the trust. The exact... Read more »

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