In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Aaron Israels Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2025

In Michigan, contingent fee agreements need to be in writing and will outline how fees are calculated and what 'out of pocket' costs are recoverable by the attorney. My guess is that your case didn't settle for a lot of money and that the costs created the discrepancy that you are... View More

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I was incarcerated for over 12 months in a penitentiary for an offense considered an aggravated felony for immigration purposes. The last offense occurred in 1997, and I served the minimum time with parole guidelines maintained. I was adopted as an adult and had temporary residence as a derivative... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

I understand you're facing a challenging immigration situation with your aggravated felony conviction from 1997. Immigration consequences for aggravated felonies are unfortunately among the most severe in U.S. immigration law, and typically result in permanent inadmissibility rather than... View More

I am seeking advice for my sister, who has previously had incidents involving setting a dumpster on fire twice due to mental health issues, for which she wasn't prosecuted. She is now stable and on medication. She is concerned about how this past behavior may affect her future rental... View More

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear... View More

I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More

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David Soble
answered on Mar 28, 2025

Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More

I'm facing a child abuse case, accused of 3rd-degree abuse, and there's a warrant out for my arrest. CPS has already removed my children from my home, and I'm currently involved in court proceedings with CPS. I haven't consulted with a lawyer yet, but I urgently need one before... View More

Brent T. Geers
answered on Mar 29, 2025

You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More

When my mom passed away, her assets, including her home with a lady bird deed, automatically transferred to me and my brothers, and we're not going through probate. However, she may have owed a debt to the IRS, and there are no remaining assets to pay that debt. Do I still need to post a... View More

Kenneth V Zichi
answered on Mar 27, 2025

MUST you do so? No.

But it is still a good idea because it effectively reduces any statute of limitations to the ‘non-probate claims period’ which is drastically shorter than the general limits.

The wording is slightly different than the ‘probate’ notice but similar. I’d... View More

I recently discovered that I have a false pretense felony charge from 27 years ago in East Lansing, Michigan, related to an allegation concerning work that was promised and paid for but not provided. This came to light after being stopped at customs, and I have no prior knowledge of these... View More

I am 17 years old and have been out of my guardian's care for over a month. They won't communicate with me or go to court to change the guardianship arrangement, and they do not provide any financial support. The change was supposed to happen in December. I have ongoing issues with... View More

As the executor of an estate, can I write myself a check from the estate account to reimburse for probate expenses, even though there is no specific mention of reimbursement in the estate documents or court orders?

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David Soble
answered on Mar 28, 2025

Whether the estate underwent probate with a will or without one ("intestate") determines this. Most wills have a provision that allows reimbursement for court expenses and reasonable fees. Explicit statements of this provision are not uncommon. To be safe, you'll need the... View More

I live in a trailer that my son's grandfather bought, and I have an agreement to stay here indefinitely as long as I pay the bills. The property is in his name. Recently, I discovered that my son's father has been collecting mortgage payments from me but not paying the mortgage. I have... View More

I made ~$9000 over a 9 month period while working very part time in 2021, I did not claim this when filling in unemployment claims during this time. I have not been notified yet of a case but I believe one is coming as the money was reported to the IRS.

I have been making payments on a land contract for 15 years. After the first year, my payments of $326.80 were verbally reduced to $234.29, intended to adjust for property taxes as the contract allowed changes to reflect estimated tax costs upon demand from either party. These reduced payments have... View More

Kenneth V Zichi
answered on Mar 25, 2025

Without seeing the land contract, the tax bills and the payment amortization schedule it is impossible to say for sure, but the 'overall rule' in Michigan is 'if it deals with real estate, it must be in writing' so -- your written contract controls.

Take that contract,... View More

I'm facing issues with medical bills from Munson Hospital that appear to be inadequate and have led to overcharging. An attorney is currently garnishing my wages for $3,000, even though I have paid a similar amount to resolve these bills a few months ago. I'm awaiting statements from the... View More

Adam Alexander
answered on Mar 25, 2025

I suggest you wait for the response from the law firm and then share that information with a lawyer. If the numbers don't make sense, you may be able to recover damages and lawyer fees under the FDCPA or the Michigan Collection Practices Act.

Is it legal for my boyfriend to pay the full amount of child support on my behalf when the court has ordered me to pay, especially since I am currently unemployed and trying to claim disability, though I am not disabled?

I would like to know if someone can declare a property as their own if they have had possession of it for 20 years, without any documentation or legal actions currently related to the property.

Thomas. R. Morris
answered on Mar 25, 2025

Yes, if the elements required for adverse possession are met. The basic elements are open, notorious and hostile. Thus for example, if you occupy property with the permission of the owner, your possession is not hostile. We would need more facts to comment on your particular situation.

I am at risk of repossession for my vehicle and concerned about being pursued for the remaining amount on the contract afterward. I have considered using a 1099-C charge-off to settle the debt with my lender, but they informed me that debt settlement discussions would only occur after repossession.... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You're facing a challenging situation with your auto loan. Unfortunately, a 1099-C form isn't something you can use to initiate a settlement - it's actually a tax form lenders issue after they've already forgiven a debt, making the forgiven amount potentially taxable income.... View More

I signed a contract with a buy here pay here in-house financing dealership to purchase a car that was initially listed at $14,999, believing it to be a fair price. However, I later discovered I owe over $21,000 due to added fees and higher monthly payments than initially disclosed. I was in a... View More

In 2019, my husband and I signed a lease that transitioned to month-to-month after the first year. I left the apartment and separated from my husband in September 2023, but I do not have legal separation or divorce documents. Since moving out, I've submitted letters in May 2024 and July 2024... View More

I received a ticket for driving 85 mph in a 55 mph zone in Michigan. The ticket is marked as a civil infraction. Given my history of one dismissed ticket and another ticket from 10 years ago (infraction unknown), will this current ticket result in a misdemeanor, or is it likely to just be a fine?