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I recently discovered through a FOIA request that 20 years ago, my ex-husband, who lives in Louisiana, used a forged power of attorney to obtain a secret divorce in Michigan. He also forged my signature, conducted real estate transactions in my name, filed taxes under my name without my consent,... View More
answered on Sep 15, 2025
First of all, although it is possible to get divorced without your partner’s *consent* in Michigan, there is no such thing as a 'secret' divorce. With or without a 'power of attorney'. Divorcing someone is not the kind of thing powers of attorney are used for! After the... View More
I have a contract for deed for a house on which I still hold a mortgage. The contract is for 15 years, with about 7 years remaining. The original owner passed away this year, and there was nothing in the contract regarding death. The owner's son has been continuing to make payments, but no new... View More
answered on Sep 4, 2025
‘Contract for deed’ is not a term used in Michigan law. Do you mean ‘land contract’?
A land contract, even if not recorded, creates an obligation between the two parties (and their heirs). It does NOT protect (or warn!) 3rd parties which is why they should be recorded to put others... View More
I am 25 years old and use the same dental office as my mom, where we have a family plan. Recently, I was charged for a bill for my mom's outstanding balance, which I paid at the time. I found out later the bill was actually for my mom, who has an ongoing dispute with the office over prior... View More
answered on Jul 28, 2025
The question is whether you agreed to pay for your mother's services. If the terms of the "family plan" call for you to be liable, then you are ostensibly liable. If they are billing you for services rendered to another person and they won't discuss her treatment with you,... View More
I recently received money from my uncle, who was the power of attorney for my grandpa, from a life insurance policy. My uncle changed the beneficiaries to receive the payout after my grandpa passed away. He received the life insurance proceeds and distributed it among four family members, including... View More
answered on Jun 18, 2025
The fact that the beneficiary was changed after your Grandpa's death certainly raises issues. Your uncle's power of attorney would not have been in effect, if the principal was already deceased because death of the principal would negate the power of attorney. This raises questions of... View More
My father and his brother became partners in a mechanic business in Kitchener, Ontario, Canada. The business is registered solely in my father's name, and he made all the financial investments. Due to ongoing disrespect and a recent family dispute, my father wants to remove his brother from... View More
answered on Jun 10, 2025
Fisrt of all, the relevant law in Canada my differ substantially from that in the United States. This author is not licensed to practice law in Canada, but I am providing this answer based on general principals of U.S. common law.
To address your father's business dispute with his... View More
I have a power of attorney from my fiancé, who is incarcerated until 2030, and I need to know if I can use it to claim his vehicles. The vehicles are titled in his name; one is fully owned, and the other has a lien. He wants me to take possession of them because they can't sit idle until... View More
answered on Jun 5, 2025
Yes, if the document was correctly prepared and gives you that authority. The purpose of the power of attorney document is to convince whoever you need to convince (such as an impound yard that has possession of the vehicles) to allow you to take the vehicles.
I'm aware of a high probability that there might be hidden money in a house that my great-grandfather owned. The property has since been sold, and the new owners are unaware of this potential hidden money. I want to approach the current owners with a contract that allows us to search for the... View More
answered on May 13, 2025
Generally speaking, you can enter into a contract to do anything so long as it is not illegal or against public policy.
So, no, you can't legally enter into a contract to murder someone, but you CAN enter into a contract to search a property with the owner of that property on whatever... View More
I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More
answered on Apr 8, 2025
If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?
Without seeing that document I can't even hazard a... 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
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
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
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
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
answered on Mar 31, 2025
I'm sorry about your frustration with the results of your case. There are a few common things to look at - terms of your retainer, out-of-pocket expenses, etc. You ask about considerations that could result in a reduction. A common one is liens, where a medical office may want money back if... View More
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
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... View More
I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More
answered on Mar 7, 2025
You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More
I received a refund check for an escrow overage from my mortgage company in August of last year. This was issued before they paid our taxes, leading to a negative balance in the escrow account. Now, they are increasing our monthly payments by over $1500 to cover a $10,000 shortage. We didn't... View More
answered on Feb 27, 2025
Who is 'responsible'?
That depends. Is the accounting accurate and did you receive the money refunded?
Then YOU as the property owner are ultimately 'responsible' to pay the taxes.
Unless the company misapplied the funds or didn't actually refund... View More
I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I... View More
answered on Feb 27, 2025
No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More
I am an 18-year-old and had a joint account with my parent. My parent took over $500 from the account without my consent. Although the bank advised me to open a new account solely in my name, I did not give my parent permission to use the funds after turning 18, and there was no agreement regarding... View More
answered on Feb 20, 2025
Banking law prevents you from suing the bank for honoring the request by a joint account owner for money from the account. I don't believe that a joint account owner commits a crime by taking money from the account that is legally his money. That leaves two questions: 1. Could you sue... View More
I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More
answered on Feb 19, 2025
OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?
I concur to the extent there are threats of criminal activity, you need to contact the... View More
I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More
answered on Feb 19, 2025
If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.
The criminal matter should be referred to the police. You could sue him based upon the threats of arson... View More
I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More
answered on Jan 29, 2025
The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More
I have a written contract
answered on Dec 23, 2024
The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More
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