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Questions Answered by Trent Harris
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...
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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 »

1 Answer | Asked in Consumer Law for Michigan on
Q: can a loan from a credit union be forgiven for a nonrunning vehicle under a vehicle reclamation

vehicle #1 purchased from a credit union breaks down with no warranty cost of repair is high a car dealership gets you a loan from another credit union and says the first loan can be forgiven under a vehicle reclamation.

Trent Harris
Trent Harris answered on Jul 13, 2020

No, not unless credit union #1 agrees to forgive the first loan, but that would be very unusual. Most credit unions won't forgive debt unless they're paid.

For further information, consult with a qualified bankruptcy attorney in your area.

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 »

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