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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Probate and Real Estate Law for Michigan on
Q: How can I legally force the sale of a house co-owned with my stepdaughter in Michigan?

I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 13, 2025

Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More

1 Answer | Asked in Social Security and Family Law for Michigan on
Q: Can I receive social security benefits after my husband's death?

I was married to Ralph Thomas Proctor for 9 years and 8 months, and he passed away from cancer on February 28. I have been receiving disability benefits for the past 4 years due to his actions, which involved charges in Michigan where he put a police officer in the hospital. We were still married... View More

James L. Arrasmith
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answered on Mar 16, 2025

I'm sorry for your loss and the difficulties you've experienced. Generally, to qualify for survivor's benefits through Social Security based on a deceased spouse's earnings record, you must have been married for at least 9 months prior to their passing, which you have met.... View More

0 Answers | Asked in Landlord - Tenant, Civil Litigation and Family Law for Michigan on
Q: Do I have legal rights to stay in my mother's house after 27 years if I'm given 90 days to move out?

I have been living in my mother's house for 27 years, during which time I have paid for everything, made repairs and upgrades, and helped as her caretaker due to her health issues. She has recently given me a 90-day notice to move out, stating no specific reason other than being retaliatory,... View More

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Is it abandonment if my wife moved our children from Michigan to Wyoming without consent?

My wife took our four children out of state, moving from Michigan to Wyoming nine months ago. She initially went there to visit her parents but decided to stay, rent an apartment, get a job, and enroll the children in school without my consent. We are still legally married, and I have not filed any... View More

1 Answer | Asked in Civil Litigation, Family Law, Probate and Contracts for Michigan on
Q: Can a court change annuity beneficiaries post-death in MI?

My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2025

They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.

This situation needs to be reviewed by a local probate / divorce attorney...
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0 Answers | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Concern about child support review impact on custody in MI

I informed my ex-husband that we had a child support review, and he responded by saying, "if anything changes, I'm taking you to court." I am the primary caregiver for our 11-year-old daughter, and we have joint custody. Our current arrangement is that I have her for 9 days, and he... View More

2 Answers | Asked in Real Estate Law, Family Law and Estate Planning for Michigan on
Q: What happens to joint mortgage if one spouse dies in Michigan?

If a husband and wife in Michigan jointly own a house and one spouse passes away, what happens if the surviving spouse has enough income to cover the mortgage payments but cannot qualify for the existing mortgage due to loss of income? The mortgage is in both names, there is a little life... View More

David Soble
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David Soble
answered on Feb 28, 2025

If the couple is jointly on the mortgage, the surviving spouse should continue making the payments under the mortgage agreement. Nothing should change based upon the fact pattern as presented. However, if household income has decreased since the death of a spouse, consider a mortgage modification... View More

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0 Answers | Asked in Civil Rights, Family Law and Gov & Administrative Law for Michigan on
Q: Can CPS charge me for "Mental Injury" for stating my son's gender?

I told my biologically male son that he was not a woman, but rather a queer man, since he still wanted relationships with women while identifying as a woman. CPS is charging me with "Mental Injury" and alleging abuse because of this statement, despite witnesses affirming that he was... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Michigan on
Q: How to proceed with divorce in a domestic violence situation in Michigan?

I need a divorce from my spouse, as I am in a domestic violence marriage. We have been together for 11 years and married for 7 years. We do not have any joint assets or dependents, and we currently live together. I have reached out to local domestic violence support services. How should I proceed... View More

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2025

Get yourself in a safe place, then file for divorce (and probably a PPO). Simple, but easier said than done, I know. Just keep in mind: safety first.

0 Answers | Asked in Family Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: Can I petition court for mandatory rehab for my meth-using son in Michigan?

Can I petition the court to mandate that my 33-year-old homeless son, who uses meth and has been previously incarcerated, stay in a rehab facility that he voluntarily signed into? He experiences severe psychosis when using, and his family doctor is aware of his condition. Although he signed up... View More

1 Answer | Asked in Domestic Violence, Family Law, Civil Rights and Elder Law for Michigan on
Q: I was falsely accused and convicted of domestic violence in a conspiracy to remove me as POA by my bros. I was ‘forced’

To plead guilty by a judge who was removed from the bench by the ACLU. My parents declared demented so they couldn’t speak in my behalf. They were euthanized after being isolated with a no contact order!

James L. Arrasmith
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answered on Feb 9, 2025

That sounds like an incredibly painful and unjust experience. Being falsely accused and then pressured into a guilty plea can leave deep scars, both emotionally and legally. The fact that your parents were declared incompetent and later isolated must have been devastating, especially when you were... View More

1 Answer | Asked in Criminal Law, Family Law and Probate for Michigan on
Q: Power of Attorneys Mis Use of funds

I have an extended family member that’s 76 years old and has an POA. The elderly family member approached me with his bank statements outlining $30,000 has been used for vacations, iPhones, gas, atm withdraws over the span of the last year. The elderly man he’s suppose to be caring for had no... View More

Anthony M. Avery
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answered on Feb 1, 2025

Principal should at least revoke the POA with notice to banks, etc. If land is involved, record the revocation in that County. Then he needs a lawyer to sue the agent for breach of fiduciary duty, amongst other causes of actions.

1 Answer | Asked in Civil Litigation, Elder Law, Family Law and Products Liability for Michigan on
Q: My mother in law father passed away and thear was no will sister wont split house sale in michigan

Mother in law sister had her move in the house while the house was under probate when it got out of probate her sister kicked her out and sold house but did not split the sale with my mother in law. Also mother in law is on disabilty for haveing a problem with understaing and a other problems. Her... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2025

A Michigan attorney could advise best, but your question remains open for almost a month. I think your question may have gone overlooked in your chosen categories (Product Liability, Family Law, etc.) You mention probate, house sales, etc. Some questions do remain unanswered on this forum (and... View More

1 Answer | Asked in Civil Rights, Estate Planning and Family Law for Michigan on
Q: Who can i tell abouty grandmothers guardian/ conservator not complying with the disability rights now shes dead

The law firm that was appointed guardianship and considered over her took over her money and allowed everything go to waste including her life insurance

James L. Arrasmith
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answered on Jan 28, 2025

That sounds like an incredibly difficult situation, and you have every right to seek justice for what happened. If you believe the law firm that was responsible for your grandmother’s guardianship mishandled her finances or neglected her rights, you can report them to your state’s bar... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Michigan on
Q: Full legal custody = full legal responsibility? Seems like an imbalance. Please explain. Confused.

I make all the decisions legally with full custody. You pay! Legally? If the legal responsibility lies with one person, shouldn’t all legal responsibility lie with that person?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2025

Not at all! Children are entitled to support from BOTH parents. If you look closely at the child support formula calculation, you will see that both parents' income is taken into account, along with the number of "overnights" each person has. The formula is intended to put a child in... View More

1 Answer | Asked in Family Law, Personal Injury and Civil Rights for Michigan on
Q: Can my mom force medical needles as a punishment and lie to make me get more shots knowing that I’m terrified of needles

Can my mom force medical needles as a punishment and lie to make me get more shots knowing that I’m terrified of needles Then record the shots and send them to all my friends

James L. Arrasmith
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answered on Jan 13, 2025

I'm really sorry you're experiencing this. No one should be forced to receive medical treatments against their will, especially as a form of punishment. It's important to recognize that your feelings are valid and that you deserve to be treated with respect and care.

Please...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: If parties agree on a motion, do i need a hearing?

I've filed for divorce, papers have been served, an answer has been completed and served. I have filed a Motion to Waive the Statutory Waiting Period. My spouse agrees to waive the waiting period. Do I still need to submit a praecape for a hearing?

Garry M. Greenberg
Garry M. Greenberg
answered on Jan 6, 2025

If you are trying to move your case along quickly, you should still schedule it for a hearing (with the required praecipe) to make sure the Judge will allow it. Not all Judge's will agree to waive that statutory waiting period. Also, most Judge's want to go "on the record" with... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

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2 Answers | Asked in Child Support and Family Law for Michigan on
Q: My husband was extradited to michigan for non payment of child support.Can he be released without prison time.

My husband was never served court papers. The original child support case is closed.His son is now 20 years old. I am assuming the AG Opened a new case because the state is owed from the other parent owing for county assistance. I don't know how to prove that he was never served. According to... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Husband medically unable to work, bio mom able to get insurance can they mandatory make a step parent get insurance MI

My husband is medically unable to work and everything is documented, he always carried insurance on kids but now unable to work and court order did not state who was liable for primary etc. so kids were added to mine until we got clarification as I’m the step parent.

We went to referee... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all...
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