Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Trent Harris
1 Answer | Asked in Estate Planning for Michigan on
Q: If everything is out of a Irrevocable trust, does it have to be closed out or does it stay open forever.
Trent Harris
Trent Harris answered on Jan 21, 2020

If I understand your question, you're asking what happens to an irrevocable trust if it no longer has any assets? The trust normally could be closed, unless the trust might obtain property or money in the future (for example, if the trust is the beneficiary of a life insurance policy, or of another... Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: i am 16 with a kid, i have a job and can take care of me and my kid, does anyone know anyone who will consider renting?

i’m trying to find my own place for me and my baby and i can financially afford a low income place, i just need help going in the right direction with someone who will rent to a 16 year old.

Trent Harris
Trent Harris answered on Jan 21, 2020

You could be having a problem finding a place that will rent to you because you are not legally an adult. Contracts with minors can be disaffirmed by the minor, and are thus voidable. Not many people will want to lend money or do transactions for significant money if there is a risk that you could... Read more »

1 Answer | Asked in Collections for Michigan on
Q: what does it mean default request entry and judgment sum certain ?
Trent Harris
Trent Harris answered on Jan 8, 2020

If you have received one of these in the mail from a court with signatures on it, it means a default judgment has been entered against you in a lawsuit. Look to see who the plaintiff is in the case caption, and see if it's a person or business you recognize.

If you believe this should not...
Read more »

2 Answers | Asked in Probate for Michigan on
Q: What forms to file for informal probate in Michigan.

My mom died recently - intestate. There were 4 children (all still living). Dad died a few years ago. There are a couple of accounts in her name only that the companies are asking for personal representative papers. I am one of the children, and I went and filed PC558, PC557, PC565, PC564, and... Read more »

Trent Harris
Trent Harris answered on Jan 2, 2020

As Mr. Rosenberg points out, you need to serve all interested persons with your application for appointment as personal representative, along with a notice of intent to be appointed personal representative. You would then file a proof of service with the court showing who was served, how, and when.... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: SSDI is not considered in the Ch 7 means test, but counts as a resource to pay creditors in the budget section, right?

If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.

Trent Harris
Trent Harris answered on Jan 2, 2020

Social security benefits are not counted against the debtor as income on the Chapter 7 means test. The question for the governmental benefits line item on Form 122 expressly says not to include social security.

On the other hand, if you are asking about Schedule I (the monthly budget done...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: In the Ch 7 means test, does my SSDI income count in the gross income calculation? If so, it would put my wife and in 13

So ssdi is not included the means test but may kick us into chapter 13 if it's considered excess income in the budget section, right?

Trent Harris
Trent Harris answered on Jan 1, 2020

If you're asking if SSDI is counted as income for purposes of the Current Monthly Income (CMI) number, the answer's no. It's not counted against you as income on the means test.

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: I have a probate issue in Malcomb County and need to ask a few questions before filling out the form Who can help me

The deceased had a previous estate opened in 2003. All issues were resolved I am now attempting to deal with insurance issues and need to open the estate but was told the 2003 estate is destroyed do I apply to reopen? I am out of state

Trent Harris
Trent Harris answered on Dec 16, 2019

The old estate is not destroyed. It has been closed. If there is an after-discovered asset then yes, you may need to reopen the estate. For example, if the insurance company will only make out a check payable to the deceased person "John Doe", or "Estate of John Doe", then will need to a way to get... Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: I own a construction business and am recently divorced and have lots credit card debt which bankruptcy do I need?

most debt is personal debt, do I have to sell trailers and tools to cover my debt?

Trent Harris
Trent Harris answered on Dec 11, 2019

Your options for personal bankruptcy come in basically two flavors: Chapter 7 liquidation or Chapter 13 repayment plan. If you are eligible for it, most bankruptcy lawyers will try to file you under a Chapter 7 case, unless there is a reason Chapter 7 wouldn't be best for you. So let's look at how... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Michigan on
Q: What is the approximate cost to file bankruptcy?

Im not certain which chapter I would need to file. Im divorced & have no assets. I have less than $20,000 debt, such as judgements from credit cards and a previous landlord, medical & miscellaneous debt. I’m also making small payments on federal student loan debt and am in good standing where... Read more »

Trent Harris
Trent Harris answered on Dec 10, 2019

You have a couple costs that go into filing bankruptcy. First the court filing fee ($335) - but this can be waived if your household income from all sources is less than 150% of the federal poverty level. Second, the credit counseling course fees - these generally run in the range of $15 to $25 per... Read more »

View More Answers

2 Answers | Asked in Collections and Small Claims for Michigan on
Q: On April 2, 2012, when I was on disability, I had a auto loan & returned a vehicle, 'cause I couldn't afford it no more.

On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... Read more »

Trent Harris
Trent Harris answered on Dec 9, 2019

It could be legal, but maybe not because it sounds like the debt may be past the statute of limitations. The statute of limitations in Michigan for a suit to collect a debt based on a written contract is 6 years. The limitations period begins to run when the debt goes into default, not later when... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Michigan on
Q: I live in Michigan and my girlfriend has been living with me and we have decided to break up.

A couple of months ago she bought new appliances for the kitchen. Does she have any legal right to those appliances? There is no lease agreement and she doesn't pay rent.

Trent Harris
Trent Harris answered on Dec 9, 2019

Generally speaking, appliances are personal property, and as such, they belong to the person who bought them. An exception to this rule might be if the appliance was permanently affixed or installed. For example, was the appliance physically fastened to the studs, floor, etc., and perhaps... Read more »

View More Answers

2 Answers | Asked in Collections for Michigan on
Q: I recieved a summons to file a written answer to the court for a credit card in collections. spoke with collection co.

They said they can't give legal advise, but don't send a letter because we then will have to go to court. is that true should I still send a letter even though we've already set up a payment program

Trent Harris
Trent Harris answered on Dec 5, 2019

They're darn right they can't give you legal advice. By not filing an answer, they want you to default so they can have a judgment against you with no conditions. If you have payment arrangements made, those should be put in a consent judgment at the minimum, so you have an installment payment... Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: How long does a judge have to charge you my boyfriend is being held on a probate matter he is being held and not charged

He is being held in contempt the judge is not charging him just letting him sit how long can they hold him without charging him and proceeded fairly

Trent Harris
Trent Harris answered on Dec 2, 2019

There are two kinds of contempt, civil and criminal contempt. Civil contempt is imprisonment that lasts until someone does something, or stops doing something, that they have the power to do and have been instructed to do by the court. There really isn't a time limit on that - it's as long as it... Read more »

1 Answer | Asked in Probate for Michigan on
Q: If my father's widow didn't open up his estate for probate and denies there's a will, what recourse do I have as an heir

If in fact we can't find the will, is the surviving spouse entitled to all the deceased spouses assets even if there are surviving children?

Trent Harris
Trent Harris answered on Dec 2, 2019

An interested person, such as a child or other family member of your father, can file an application or a petition with the probate court to open an estate and be appointed personal representative ("PR") of your father's estate. However your father's widow would have first priority to be appointed... Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: frbp 2004 coming up for my chpt 7. i have a vehicle behind on payments. dont have full amount. will i loose the vehicle

i filed aug 2019. bank wants full amoint behind before they will reaffirm. bank closed account as soon as bankruptcy filed. I offered them paymemts but they wouldn't accept? what to expect? what do i need to do to keep vehicle?

Trent Harris
Trent Harris answered on Nov 24, 2019

Well, your other version of this question on Avvo said you are converting your Ch7 to a Ch13. Kurt O'Keefe gave you a very good answer on Avvo about looking into redemption.

I would add to what he said that if you are converting to Ch13, you need to put forth a proposal in your Chapter 13...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Patents (Intellectual Property) for Michigan on
Q: Where can I obtain a quick deed to redo paperwork for my house
Trent Harris
Trent Harris answered on Nov 12, 2019

My advice would be for you to contact a real estate attorney in your area. Deeds are legal documents which, if not drafted correctly, can result in problems in the chain of title and can affect your ability to get financing for your property, or your ability to sell or convey the property later.... Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: Can I rent out a house going through probate court in Michigan

My uncle passed away and I plan on buying the house once it is finished going through probate. Is it legal for me to live in it and pay rent until I officially buy the house after probate it done

Trent Harris
Trent Harris answered on Nov 7, 2019

The plan you propose could be done. But you should enter a written lease with the personal representative of the estate so you can live there. During probate, you could attempt to obtain a mortgage loan so you can buy the house from your uncle's estate, or you could enter a land contract to buy.... Read more »

1 Answer | Asked in Juvenile Law and Probate for Michigan on
Q: Im 18 and on probation in Michigan and I’m dating a 16 year old girl. Is this illegal?
Trent Harris
Trent Harris answered on Nov 5, 2019

It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could be, if... Read more »

3 Answers | Asked in Estate Planning for Michigan on
Q: I was looking for clarification on how a last will and testament works and what an executor can actually do and not do.

My father recently passed in August. He had a total of 5 children including myself. He left one of my sisters as his executor. I have received a copy of his will but I do not really understand it. It seems very broad just states everything he has is to be equally divided between the 5 of us. Well I... Read more »

Trent Harris
Trent Harris answered on Nov 4, 2019

Generally, the executor has discretion to determine shares if the method of dividing the property isn't specified in the will. If you have concerns that your father's property is not being handled properly or fairly, you could file a petition for supervised administration with the probate court.... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Michigan on
Q: My mom has a will but no assets other than cash in a joint account with me as the other account holder.

Her will dictates equal division of any assets. May I simply give cash to each of my siblings after paying any remaining bills?

Trent Harris
Trent Harris answered on Nov 3, 2019

Yes! But understand that by doing that, you would actually be gifting your siblings money that belongs to you, at least legally. Assets that pass by operation of law or by contract (such as under a Joint bank account) pass outside the will - they are not assets of the probate estate. You would not... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.