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I believe my father's wife was negligent in caring for him, leading to his death. My father, who suffered from dementia, was suspected of having a stroke by his wife, a former nurse. She called an ambulance, but claimed he refused to get on. Later, she said he fell and refused help to return... View More 
answered on Mar 17, 2025
Nothing you state raises huge red flags. People with dementia often act just as you describe and loved ones often can't intervene easily to avoid unpleasant outcomes. That said, if you question the veracity of these claims, my FIRST step would be to ask 9-1-1 for verification of the call for... View More
One of my relatives was involved in a horrific auto accident three years ago, which was not their fault. As a result, they have undergone several surgeries and will walk with a limp for life. Earlier this year, they were offered a settlement in the low 6-figure range, which they declined. They... View More
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answered on Mar 17, 2025
They have an attorney so they should discuss their legal options with their attorney who will make recommendations. If they are not satisfied with the offer, they could simply file a lawsuit and seek a jury trial. Some insurance companies will not make a reasonable offer until a lawsuit is filed.... View More
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
answered on Mar 18, 2025
Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well.... View More
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
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
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 am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More
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answered on Mar 10, 2025
It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... 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
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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 am considering selling a PDF version of my book on social media platforms like Facebook. I have not officially registered the copyright for my book nor do I have a business license. The book includes a basic copyright page. My plan is to sell it directly online, emailing the PDF version to buyers... View More
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answered on Mar 7, 2025
You only need a business license to have a physical place of business in a given locale, or to go into customers' homes to perform a service. You don't need a business license to sell a book online. You also don't need to register a copyright in order to sell your book.
Your... View More
My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More
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answered on Mar 7, 2025
The Will devise is your source of title. When you are able to sell it during the Probate process, then your Deed will have the devise to you as the derivation of title in the legal description. It should specifically cite the will book, page number and docket number of the Court where it was... View More
My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More
answered on Mar 8, 2025
You don't 'update' the deed. You probate the will and it looks like you will also need to probate his wife's estate as well. I strongly urge you to consult with a local (to the county where they lived) licensed probate attorney to walk through what steps may be necessary.... View More
My father had 2 different cancers, mother had cancer and kidney failure -both dying as a result. My sister has early stage kidney failure and my brother and I both have autoimmune causing signficant medical issues. After reading up on this it has come to my attention that Berlin and Farro, a toxic... View More
answered on Mar 7, 2025
A Michigan attorney could advise best, but your question remains open for a month. I'm very sorry for the loss of your mother and father, and the ordeal you and your siblings have dealt with in terms of medical issues. The best way to answer your question about whether you have a case would be... View More
I am the personal representative of my brother's estate in Michigan. He purchased a home with his late wife in 2008, who passed away in 2013. The deed is currently under his late wife's name with "estate" noted after it. My brother never had the deed changed to his name. His... View More
answered on Mar 8, 2025
You will need to provide the probate attorney with a copy of the deed. If the language on the deed is drafted properly, then the property interest may not need to be probated. Deeds contain language that has far-reaching consequences, so that is where most attorneys would start, by reviewing the... View More
My mom passed away in 2022, leaving a paid-off vehicle solely in her name without a will or any probate process initiated. There are four siblings, and there is a conflict because my brother and sister have taken the vehicle, but I have the title. Does it need to go through probate for me to claim... View More
answered on Mar 5, 2025
In Michigan vehicles below a specific value ($60k) do not HAVE to go through probate, but if there is a disagreement, that is the best way to insure there won't be issues in the future.
Seek local legal representation to make sure you do this in the most economical and appropriate... View More
I purchased my home in Michigan 3 years ago, and there is a utility pole 16 feet onto my property from the end of the public right-of-way. The utility company refuses to relocate the pole, citing its presence before my purchase and an old court precedent. I have contacted the Michigan attorney... View More
answered on Mar 8, 2025
Your attorney will need to review the easement rights of the utility company further. The easement language will control. If this pole was placed there without permission and it is on your property, then you may have to file an action with the court to have it removed.
I live in Michigan. My sister-in-law recorded our FaceTime conversation without my consent and is sharing it with others, portraying me as "mean." Though I didn't say anything incriminating, I'm concerned she'll manipulate the recording to her advantage. I've asked her... View More
answered on Mar 3, 2025
Under Michigan’s eavesdropping statute, a person can record their own conversations without obtaining the consent of all other participants.
This is sometimes called the “participant exception” to the eavesdropping statute.
Said a different way, a person in Michigan can record... View More
I am part of a homeowners association for a subdivision with private streets, and we're facing issues with property owners blocking a 33-foot street that is meant for all residents to use. Despite new signs indicating these are community streets, some landowners are preventing access by... View More
answered on Mar 1, 2025
We would need to see the earlier court decision to determine if the homeowners are in violation of the court order. If so, then, if the settlement agreement allows for the court to reopen the matter, an attorney would be able to go back to the earlier court to review the settlement and ask the... View More
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
answered on Feb 28, 2025
Once the loan has been made and the mortgage granted, "qualification" for the loan is not an issue, provided that the loan is a standard residential mortgage. Some commercial loans, in contrast, have financial covenants that are an ongoing obligation on the part of the business to... View More
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
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
Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?
answered on Feb 28, 2025
As a general rule in Michigan a spouse is not responsible for the sole debt of a deceased spouse. If the home was held in the entireties - as husband and wife, a creditor of the deceased spouse could not attach a lien to the home. Whether a creditor could make a claim against the probate estate,... View More
Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?
answered on Mar 8, 2025
The surviving spouse will only be responsible for the credit card obligation if they were a co-signer. If the decedent's estate is probated, then the creditor will file a claim against the estate. Unless the personal representative's estate objects to the balance amount (which they... View More
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