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Michigan Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: How does a surveyor split land in half using legal land description

I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?

A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not...
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1 Answer | Asked in Probate for Michigan on
Q: do I need to "file" the will and/or probate?

In Michigan, I am the executor of my daughters will. Her assets all have beneficiaries named except a car worth around $15,000. (no spouse, 2 minor children) Her house had a transfer on death designation. Do I need to "file" the will in court and do I need to probate it? Also, do I need... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

First of all, you aren't an executor until the Court appoints you as executor. Until then you're the NOMINATED executor. That difference is important and keep that in mind. You don't HAVE to do anything, but there are minor children involved so it is important that they be taken care... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a landlord come in & take pictures of the house while your occupying it because they plan on selling it?

I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.

David Soble
David Soble answered on Aug 2, 2021

Yes, if the lease provisions allow for the landlord to show the home to prospective purchasers, then they can come in an photograph the interior of the property.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I purchased a piece of land in April. I have a quit claim deed. There were renters in the home and refuse to leave.

Do I have a legal right to inspect the home? Renters won't let me in.

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Inspecting the home is the least of your problems. Hire a competent MI attorney to file a possessory action for either an Eviction, or possibly Ejectment. The SOL is running and you may have already lost the Title, or your Deed may have been void for Champerty. You need a title search... Read more »

4 Answers | Asked in Trademark for Michigan on
Q: My business name has been trademarked by someone else. I sell clothing, they are a record brand. Can I keep my bus. name

I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.

Linda Liang
Linda Liang answered on Jul 30, 2021

Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Purchase agreement signed and homeowner passed away. House was in a trust. Given to one trustee as a life estate.

In the process of buying a home. Trustee passed away after purchase agreement signed. Other trustee alive. Home was given as life estate to the one that passed. Trust stated he could sell and had to share profit with any living trustees. (Sister gets 1/3). Is the purchase agreement still valid?

Nina Whitehurst
Nina Whitehurst answered on Jul 30, 2021

The most likely outcome is the successor trustee is contractually bound to complete the sale of the house and distribute the proceeds in accordance with the terms of the trust.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can probation and parole conduct a home visit and conduct a search of a parolees home if the parolee is not there?

I moved in with my sister in law a few months ago to help out. She is on parole and in May 2021 probation and parole showed up to do a home visit,she was arrested that day.She bonded out and In July I was outside with my puppy and my sister in law was not at home. A mini van pulled up and a man got... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 29, 2021

If your sister-in-law is on parole and resides there, then as a condition of her parole, a parole agent can search the residence. People on parole do not have the same constitutional rights against searches and seizures.

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Vehicle under warranty but Chrysler cannot fix the problem due to discontinued part. what do i do?

Chrysler service has had my car for 9mo, & have been taking it in for over a year now. They've tried everything but the discontinued part, because it cannot be sourced. now they are just giving me my car back without doing a buy back or anything. I believe the car would be considered a... Read more »

Adam Alexander
Adam Alexander answered on Jul 29, 2021

Knowing the year/make/model of your vehicle would be helpful.

The first thing you should do is send a final repair letter. Immediately. A lawyer can do that for you. However, Michigan’s Lemon Law, like most other States, requires the consumer to provide the auto manufacturer with one...
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1 Answer | Asked in Immigration Law for Michigan on
Q: How to answer the Beneficiary Qualifications RFE received for a new H1B petition due to degree not related to the job?

USCIS is asking to show how the degree is directly related to the job but we provided individual courses from my degree that I have used to perform my job duties with the initial petition. What else will be required to build a strong case to answer this RFE?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 28, 2021

Your question can not be answered without a thorough review of your file.

2 Answers | Asked in Probate for Michigan on
Q: My mother recently died and all of her assets either had assigned beneficiaries or were TOD transfers except one stock.

The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jul 27, 2021

An asset of that value probably cannot be assigned without probate absent pre-planning no matter how you 'agree' upon things. HOWEVER the 'formal probate process' is not as daunting as you might have been lead to believe ...

There are many who try to scare people about...
Read more »

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can I get in trouble for receiving online orders as a gift that were paid for with fraudulent information?

The orders are coming in my name but I'm not the one that paid for them. I didn't know they used fraudulent information.

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

Tread carefully: there comes a point in time where you could become liable for receiving or conspiring. Is there a lot of "gifts" coming to you? Is there a history or pattern of receiving gifts from this person? Can you, and will you, name the person giving you gifts? What are you doing... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: landlord is telling us move to another more expensive property of ours or be evicted.

according to yelp reviews he overcharges for repairs and takes all your deposit upwards of 3000 dollars to repair things like 1 or 2 small holes and carpets cleaned.... its due to small Nosie complaints that happened because i have trouble with noise due to my autisim.

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

Do you have a lease? When that is up, then they could ask you to either leave or offer you a different place. You may want to consult with a disability advocacy service.

1 Answer | Asked in Consumer Law for Michigan on
Q: I have a credit card debt. Credit card company is taking me to court. I am 72. My job ends in 30 days. What options?

The credit card company sent debt to collections. Collections is suing me. The income I receive ends in 30 days. Then only $1700 in Social Security. Advice?

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

You could consult with a bankruptcy attorney; they may say you are "judgment proof" and explain to you what that means for your future.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Hello I pressed charges on my boyfriend for assaulting me he got charged with a misdemeanor and a felony.I bonded him out and let him back secretly because there was a ppo placed on him.Well I had... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

The court, prosecutors, and police are not social workers, mental health experts, or relationship counselors. Your boyfriend is charged with a crime; one that you reported, and then went a step further to request a PPO. And it sounds like you did the necessary but hard work there. However, once you... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord give me 24 hours to remove my items after a flood in my apartment?

The people above me had some pipes busted in there apartment which ran dow to my apartment and the apartment below me. My landlord bought a condo from a condo community, she did not contact her insurance until 5 days later all of my things was destroyed, I did not have insurance my landlord told me... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

What is your question? Your landlord may be right: generally, landlords are not responsible for tenants' personal belongings. Their insurance usually only covers the physical buildings. That is why it is so important for renters to get renter's insurance. For a small monthly fee, a call... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I need help with my case. I’m being evicted from my home because there’s past due rent unpaid

I moved out from the trailer my mom and I were leasing because she was being mentally abusive towards me. She tried to get me fired from my job, I couldn’t use toilet paper, towels after a shower, laundry soap, she put a lock box on our thermostat, these are all things that led up to me moving... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

Are you over 18? Is both you and your mom on the lease? Is the actual owner of the trailer evicting you or is it your mom? Ultimately, it's likely to be just about the money owed as far as the court is concerned. If you are over 18, your mom has no obligation to provide you shelter; you are... Read more »

1 Answer | Asked in Collections for Michigan on
Q: I got a writ of garnishment in the mail and I can not contact the creditor. They but dialed me but ignore my voicemails.

I don't know what it is for and they are about to take money from me for I don't know what. It is from VA and I haven't lived there for six years. It looks like it is about an apartment complex in Hopewell VA but I never had an apartment in Hopewell. What am I supposed to do since I... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

On the paperwork received, there should be a case number and court identified. Contact that court to find out what's going on. If they are garnishing, that means they already have a judgment against you (a court order that you owe them money) - it's likely a default judgment (entered... Read more »

2 Answers | Asked in Small Claims for Michigan on
Q: My mother law gave us her house after abandoning the house for 6 months and now she’s kicking us out

She was upset with us over another family memeber and now she kicking us out with no where to go. She had us give up our apartment and move in her home and make payments she said to 500$ Every month that’s what her and husband did and now that we missed two months she’s kicking us out

Michael Zamzow
Michael Zamzow answered on Jul 27, 2021

I don't spot a question, but my comment is that you might find your answer in the Michigan Landlord Tenant Handbook produced (in-part) by the law school at Michigan State University. At a quick glance it sounds as though you formed the landlord-tenant relationship, you've failed to make... Read more »

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1 Answer | Asked in Animal / Dog Law for Michigan on
Q: I was told you can’t stop someone from taking a non service dog into a grocery store. True or false?

I work at a grocery store and people bring their dogs in there. One was barking. I reported it to a supervisor and they told me we can’t do anything unless someone files a complaint. I thought you could ask people to leave if they bring a dog inside that doesn’t qualify as a service dog.

Michael Zamzow
Michael Zamzow answered on Jul 27, 2021

Your employer might want to contact an attorney to consult with on this matter. In general, the Michigan Modified Food Code (MMFC) has a pretty broad prohibition of animals in food establishments, but there are exceptions for animals controlled by persons with a disability. The ADA offers some... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: If easement bridge is destroyed may I as dominant tenement completely rebuild it, at my expense?

My landlocked residence has an appurtenant easement to cross adjacent undeveloped property to access the public road. A bridge over a creek is part of the easement path. I am the only private user of the easement. The path and bridge serve only my home. The servient tenement property owner never... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jul 23, 2021

It appears as if you're looking for legal representation. This forum is for answering general questions rather than specifics, and the NATURE of the easement matters a great deal so no 'general answer' is going to get you what you want. As for case law, again, you need to hire an... Read more »

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