Michigan Q&A by Practice Area
Michigan Questions & Answers
Q: I did filed my own probate paperwork for my fathers estate. I closed the estate before I deeded the house back to me.
I am the sole heir and have a will. I am trying to refinance the property and having a hard time. Do I have to reopen probate and record the deed?
The 'hard time' is not surprising since you don't own the house you're trying to 'refinance'. Yes, you need to reopen the probate in order to have authority to record a deed from the estate to the heirs.
Whether or not YOU have a will is not relevant, and this all leads me to an ultimate... Read more »
Q: Family member suffered improper care and discharge from a rehab facility after stroke.
A family member suffered mistreatment. Subcutaneous shots given in same place resulting in bruising and pain when moving. These can be administered anywhere on body. He was to see a doctor to receive anti-depressants or anti anxiety meds which never happened. Before discharge home we were informed... Read more »
This is a matter to be discussed with a Michigan medical malpractice attorney, but your question remains open for five weeks. As a general matter, regardless of jurisdiction, medical malpractice is determined on the basis of there being a certain duty of care, a breach of that duty, damages that... Read more »
Q: I had a lady staying with us rent free (never changed address was supposed to be temporary) we asked her to move out
She moved but left a lot of belongings. I have tried to call and text her no answer. How long do we legally have to hold it? Or do I have to go though a eviction process?
TECHNICALLY you would need to evict her to have the right to remove her personal property from your real estate. Whether or not there was a 'formal' lease is not relevant.
PRACTICALLY there may be better answers. (E.g. sending her a bill for storage may be just the ticket to get her... Read more »
Q: Can Amazon be sued for identity theft? I keep getting rejections from Chase bank for Amazon credit I never applied for.
For the last few years, it's been a nightmare removing the negative inquiries from my credit report. Both Chase and Amazon blame each other. Chase claims they only get their applications electronically, directly from inside Amazon and must process them. Amazon claims there has not been a... Read more »
Have you completed an identity theft report and affidavit? If not, I suggest you do so. You can find one on the Federal Trade Commission website. You should also file a police report.
After you've done this, I suggest you send dispute letters to all three credit bureaus and enclosed the... Read more »
Q: Can a Conservator of the Estate have a previous bankruptcy?
Michigan
Yes.
As to whether or not that is a good idea, well, that is a far more complicated question. PLEASE don't try to make this decision without a licensed professional helping, as there will likely be issues you're not thinking of that will matter.
-- This answer is offered for... Read more »
Q: How you doing I want to turn myself in on a criminal charge how do I do that
I strongly suggest you consult with a lawyer before turning yourself in. A lawyer will need to know the charges, possible defenses, the jurisdiction and whether you have any priors before giving you advice.
Q: I am a va for someone from another state. He sent me a check and it bounced. My bank accounts on hold now. What do i do?
He’s in TX, originally the first check he sent me i guess cancelled because of FedEx had a problem with delivery. (VA=virtual assistant)
Pardon my ignorance, but if you can tell me what a "va" is I might be able to give you some advice.
Q: I have a sister,71 from Detroit with outstanding warrants. She’s been homeless several times there. Need advise.
She’s had some drug addiction, medical issues, outstanding medical, Energy, housing bills and collections. I’ve moved her in with me to straighten her out, pay some of her debt, get her health in order and deal with her criminal record that stems back to 2011. There are 16 warrants and I... Read more »
Advice is you can hire an attorney for her
Q: probate law- MI EPIC - a representative have how long to do an inventory
91 days after appointment of the personal representative.
"Within 91 days of the date of the letters of authority, the personal
representative must submit to the court the information necessary for computation of the
probate inventory fee. The inventory fee must be paid no... Read more »
Q: I'm in MI now. I was Divorced in 4/2011. Got house.
Daughter shows up after 11 yrs, sells home, was POA, and puts me in a HOME! House appraised at $55.000 but conntract states $30,000. Other $25,000 got as unreported CASH which I never saw ANY of money. And didn't need put in a home! Finally moved me to a home in MI . I want back to Kersey and house... Read more »
You need to seek out local legal help not the TV news.
Acting under a Po A involves honoring the 'fiduciary duty' to act in the principal's best interest. It sounds like that may not have been what happened here, but without exploring facts that would not be appropriate in a public forum... Read more »
Q: My 18th birthday is 9 days away, and I was wondering if I could leave home early? Would I be returned home? In Michigan?
LEGALLY you aren't an adult until your 18th birthday.
PRACTICALLY a week is a pretty darn short time for you to be 'found' and returned home, and conversely a pretty darn short time to wait for you to 'make your move'.
Before you do anything however, it behooves you to look more... Read more »
Q: What is my child's father chances of getting child support lowered?
He lost his job back in Feb just completely stop paying about a month ago. He doesn't spend time with our daughter or see her at all. He asked the courts to modify his payments
Assuming he lost his job through no fault of his own, chances are pretty good his support will be modified.
You need to have someone representing you at the Friend of the Court hearing/Divorce court hearing to insure the whole situation is explored, and the possibility of increasing the... Read more »
Q: Can my landlord make me move out without a proper eviction notice?
My landlord sold the house we are currently residing in while we still have 6 and a half montns left on our 2 year lease. He called me about 15 days ago stating that he sold the house and was waiting to see if the people were going to be approved. He called back about 3 days later stating they were... Read more »
If you have a lease that has not yet expired, and are current with rent, haven't violated any terms of the lease, etc. then no -- you can't be 'evicted'. You will note a lot of 'caveats' there -- the only way to be sure is to get local legal help.
On the OTHER hand, even if there are issues... Read more »
Q: I only have joint physical custody of my 7yr son. Can i file for full custody and keep him at my house?
His mom has had a active cps case or investigation most of the 7 yearz of his life. Has no job, lives in efficiency housing. My son is constantly missing school and constant doctor and emergency room visits.
You may certainly file. You would need to establish that a change of circumstance or substantial cause exists, which it sounds like there may. One question you should be prepared to address is "why now"?
Q: What the average time to open an estate in Michigan? We sent the retainer fee in March of 2019 and nothing was filed as
Of May of 2019. I reached out to the attorney to get updates. In fact, nothing was done until I called. I just received a detailed bill with all the calls and emails. It seems odd that my attorney waited so long. Almost as though she forgot about the case until I called. Is this typical?
An attorney cannot open an estate without the necessary information, which must come from the client. If you provided all information when you paid the retainer, then I'm not sure what happened. Regardless, it's a question to ask the attorney. Ordinarily, an estate can be opened (e.g. obtaining... Read more »
Q: Where does a mother of 3 go to seek financial help with a divorce in Ionia County, MI? Husband has been abusive, also.
Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.
Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.
Q: Do I have a case ! When my child’s father girlfriend sent a video of me doing sexual things to people without my consent
What should I do next? I want to make a police report next
Your's is a very fact-dependent situation. How did she get this video? Who took it? And where were you when this was being done? If you had no reasonable expectation of privacy when this video was made, or you consented to being taped and the video subsequently fell into her hands, I'm not sure... Read more »
Q: Can a ticket be dismissed becuase the officer read wrong registration and put down my old cars make, model, vin and year
I handed him my insurance info with the registration folder and it had my last cars info in it also since i had only just purchased my new car. This happend on the ohio turnpike. And im from out of state.
No. The citation was issued to you, not the car. An error of this type is easily corrected and the court would allow that correction.
Q: Found Quit Claim Deed Joint Tenants in common from a deceased family member dated 2017 Wayne County MI. File it?
Family listed on the quit claim deed has come together in agreement to sell the property. Concern is that the deed was never filed in court.
There is no such thing as joint tenants in common. If the deed was not prepared correctly before a death, it is invalid, regardless if it was filed. Deeds are legal documents that require specific legal la gauge to make proper conveyances of a party's property interest. Failing to have... Read more »
Q: IRS Back Taxes, cannot afford to pay them, these date back to 2009-2011 have gone into collection need advise
I know that I have read that you can make payments up to 6 years, however when calculating these I cannot afford to make payments like this, at all I am 55 years old, and have nothing. It was all bad tax advice in the day.
You need to hire a good tax attorney. Most of us offer a free consultation. Stay away from the places you see advertised on TV. A tax attorney can frequently do better for you then you can do on your own. If you cannot pay monthly towards your debt they can get you put into currently not... Read more »
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