Michigan Questions & Answers by Practice Area
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Michigan Questions & Answers
Q: Trick problem: I have a J-1 restriction and also overstayed my Tourist visa this year after marry. What to do?
Michael Hugh Carlin's answer
We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a waiver of the 212e requirement that you return to your home country for 2 years, and if you are granted the J waiver, then, the next question is whether you have any other grounds of inadmissibility. If...
We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a waiver of the 212e requirement that you return to your home country for 2 years, and if you are granted the J waiver, then, the next question is whether you have any other grounds of inadmissibility. If...
Q: Refinancing mortgage w/o spouse. She has alot of debt. If by signing a disclosure statement make me liable for her debt?
Dr Kenneth V Zichi J.D.'s answer
If you are simply refinancing a sole debt and again will be the sole debtor, why would you think you would be taking on your spouses other debts? Please appreciate that many lenders have not 'caught up' with the fact that women no longer have dower rights in Michigan and many still require wives to sign off on husband's property if there is going to be a lien against it. Again, because SHE has agreed to allow your property to be used for collateral on a debt, you are not opening yourself to her...
If you are simply refinancing a sole debt and again will be the sole debtor, why would you think you would be taking on your spouses other debts? Please appreciate that many lenders have not 'caught up' with the fact that women no longer have dower rights in Michigan and many still require wives to sign off on husband's property if there is going to be a lien against it. Again, because SHE has agreed to allow your property to be used for collateral on a debt, you are not opening yourself to her...
Q: T Mobile owes me over 200 for a defective phone that I returned to them & they charged me for it. It's been 5 months.
1 Answer
| Asked
in
Contracts, Products Liability, Small Claims and Consumer Law
for
Michigan
on
Answered on Jun 24, 2017
Answered on Jun 24, 2017
Adam Alexander's answer
I suggest small claims court. It is inexpensive and you can recover your filing fee as well. The hearing is relatively informal so you do not have to know legal terminology. Remember "The People's Court" with Judge Wapner? Same concept. Bring your evidence and be ready to argue. There is a chance that T-Mobile will remove your case to the general docket after you file the small claims form. In that case, you may wish to see a lawyer.
I suggest small claims court. It is inexpensive and you can recover your filing fee as well. The hearing is relatively informal so you do not have to know legal terminology. Remember "The People's Court" with Judge Wapner? Same concept. Bring your evidence and be ready to argue. There is a chance that T-Mobile will remove your case to the general docket after you file the small claims form. In that case, you may wish to see a lawyer.
Q: How many people do I need to witness a will?
Nick Daniels' answer
The short answer is two. According to Michigan law, MCL 700.2502(c) "Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will ..... or the testator's acknowledgment of that signature or acknowledgment of the will.
I also recommend that each witness and the creator of the Will initial each page of the Will.
The short answer is two. According to Michigan law, MCL 700.2502(c) "Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will ..... or the testator's acknowledgment of that signature or acknowledgment of the will.
I also recommend that each witness and the creator of the Will initial each page of the Will.
Q: Does "best of my knowledge and belief" also cover recollection?
1 Answer
| Asked
in
Contracts, Estate Planning, Insurance Bad Faith and Consumer Law
for
Michigan
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
Dr Kenneth V Zichi J.D.'s answer
If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.
If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.
It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in...
If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.
If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.
It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in...
Q: My Mom is trying to lookup her decision that was made. How can she go about that?
Peter Munsing's answer
Go to the county court where the decision would have been made, if it was a state court case. If Federal, you would go to wheichever Federal Court (Eastern District/Detroit; Western District/Kalamazoo[I believe]).
Go to the county court where the decision would have been made, if it was a state court case. If Federal, you would go to wheichever Federal Court (Eastern District/Detroit; Western District/Kalamazoo[I believe]).
Q: How long does it take for a marriage visa? What is the average price start to permanent resident.
Michael Hugh Carlin's answer
A realistic time frame is about 12 to 15 months. Regarding fees, it is not appropriate to quote fees on a public online forum. I suggest that you consult directly with one or more experienced immigration attorneys regarding fees. Best wishes!
A realistic time frame is about 12 to 15 months. Regarding fees, it is not appropriate to quote fees on a public online forum. I suggest that you consult directly with one or more experienced immigration attorneys regarding fees. Best wishes!
Q: My ex wife wants flight and hotel info for an up coming vacation to Colorado. We have joint custody. Is she obligated?
Neil Colman's answer
If your Judgment does not provide that you're to give the information to her, I don't believe you are required to do so. However, as a courtesy there should be no problem in providing her with the information so she knows where to contact her child should the need arise.
If your Judgment does not provide that you're to give the information to her, I don't believe you are required to do so. However, as a courtesy there should be no problem in providing her with the information so she knows where to contact her child should the need arise.
Q: I lost my Home in Oakland County to tax foreclosure I have money to pay now is can I appeal
1 Answer
| Asked
in
Appeals / Appellate Law, Foreclosure and Tax Law
for
Michigan
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Adam Alexander's answer
I suggest you contact Michigan's Step Forward program to see if they can help. The link is here: https://www.stepforwardmichigan.org/en/
You should also contact the Michigan Treasurer's office to see if they can point you in the right direction. You still may have redemption rights but tax foreclosure fees and levies are hefty.
I suggest you contact Michigan's Step Forward program to see if they can help. The link is here: https://www.stepforwardmichigan.org/en/
You should also contact the Michigan Treasurer's office to see if they can point you in the right direction. You still may have redemption rights but tax foreclosure fees and levies are hefty.
Q: Can the Job description for the Labor certification be amended/changed after the request for PWD request is sent to DOL?
Roger Carl Algase's answer
This would depend entirely on the details of your current or offered green card job, which you would need to discuss fully with the lawyer who is handling the labor certification case for your company.
This would depend entirely on the details of your current or offered green card job, which you would need to discuss fully with the lawyer who is handling the labor certification case for your company.
Q: My sister died with nothing but debts - do we need to actually go through probate?
Don L Rosenberg's answer
No. only her estate is liable for her debts. Since no probate is necessary the debts do not get paid. Write a letter to the creditors stating she passed away, owning no assets whatsoever and no estate is necessary, also enclose a copy of her death certificate.
No. only her estate is liable for her debts. Since no probate is necessary the debts do not get paid. Write a letter to the creditors stating she passed away, owning no assets whatsoever and no estate is necessary, also enclose a copy of her death certificate.
Q: After dad died the ex shows up with a will leaving her everything. He made it clear he destroyed it, but here it is
1 Answer
| Asked
in
Family Law, Appeals / Appellate Law, Elder Law and Probate
for
Michigan
on
Answered on Jun 16, 2017
Answered on Jun 16, 2017
Dr Kenneth V Zichi J.D.'s answer
Was the will done before or after their divorce? WERE they actually divorced?
Too many unknowns to provide much real guidance here, but you SHOULD seek a local attorney to review the paperwork and discuss the situation with you. Bring both the divorce judgement and the purported will and any other documentation concerning assets with you. And a copy of everything filed with the Probate Court
Don't delay -- every minute you dither means you will lose out. You may ALREADY be too...
Was the will done before or after their divorce? WERE they actually divorced?
Too many unknowns to provide much real guidance here, but you SHOULD seek a local attorney to review the paperwork and discuss the situation with you. Bring both the divorce judgement and the purported will and any other documentation concerning assets with you. And a copy of everything filed with the Probate Court
Don't delay -- every minute you dither means you will lose out. You may ALREADY be too...
Q: I have two kids the father been out the picture for 6 yrs but is listed as the father what can i do
Q: How does choosing to make less money or working part time instead of full time change support?
Neil Colman's answer
It depends on how much she earned at full time employment and part time employment. A motion to reduce support much result in a reduction by 10% of the amount being paid or $50, whichever is greater. So if the support is not reduced by a minimum of $50 there will be no reduction. Filing a motion for reduction could result in an increase, depending on your earnings now compared to what they were when support was set.
It depends on how much she earned at full time employment and part time employment. A motion to reduce support much result in a reduction by 10% of the amount being paid or $50, whichever is greater. So if the support is not reduced by a minimum of $50 there will be no reduction. Filing a motion for reduction could result in an increase, depending on your earnings now compared to what they were when support was set.
Q: Lowering support to afford bills
Neil Colman's answer
If there are no child care expenses being incurred, she should not receive any money which is designated as being payment for child care. However, is it possible she may need the child care because someone would have to provide care/supervision while she is at work at her now part time job?
If there are no child care expenses being incurred, she should not receive any money which is designated as being payment for child care. However, is it possible she may need the child care because someone would have to provide care/supervision while she is at work at her now part time job?
Q: If my ex doesn't take our children for his weekend visits, at all, in the past 3 years, am I entitled to more support f
Neil Colman's answer
Quite possibly. Support is based on the incomes of the parties and the number of overnights the children spend with each parent. If you're able to establish he does not exercise his parenting time, then it would appear you might be entitled to a greater support contribution. Hire an experienced family law attorney who will know how to phrase the issue and the supporting facts to best suit your situation.
Quite possibly. Support is based on the incomes of the parties and the number of overnights the children spend with each parent. If you're able to establish he does not exercise his parenting time, then it would appear you might be entitled to a greater support contribution. Hire an experienced family law attorney who will know how to phrase the issue and the supporting facts to best suit your situation.
Q: Can my new neighbor have a survey done and just take my lake front that I've owned for 25 years?
Dr Kenneth V Zichi J.D.'s answer
Anyone can do a survey, but if you have 'continuous open and hostile' possession of the land under 'right' then you can claim adverse possession even if the 'descriptions' of the lots don't imply you own what you thought you owned. You need to bring all the paperwork for your property and the survey to a local real estate attorney to review to determine if your case fits the law to allow such a claim. LOTS of things may have gone wrong here -- do your land descriptions conflict, has there been...
Anyone can do a survey, but if you have 'continuous open and hostile' possession of the land under 'right' then you can claim adverse possession even if the 'descriptions' of the lots don't imply you own what you thought you owned. You need to bring all the paperwork for your property and the survey to a local real estate attorney to review to determine if your case fits the law to allow such a claim. LOTS of things may have gone wrong here -- do your land descriptions conflict, has there been...
Q: What is the bankruptcy means test and how does it work?
Stuart Nachbar's answer
It is a test to determine if you qualify for a Chapter 7 without a presumption of abuse. It is based primarily on your gross income and compare it to the median income in your jurisdiction.
It is a test to determine if you qualify for a Chapter 7 without a presumption of abuse. It is based primarily on your gross income and compare it to the median income in your jurisdiction.
Q: Can a home be considered a "rental" property even though the payments made by an occupant only cover utility costs?
Dr Kenneth V Zichi J.D.'s answer
The question isn't 'rental' or investment but is this HOMESTEAD property. If you've lived there for five years, it is pretty clear it is no longer owner occupied and is therefore subject to school tax.
Your friend should consult with a local real estate lawyer to look into the details of their situation. It MAY be possible to salvage the situation, but depending on local practice and ordinances, there is no time to delay with this! Seek local legal help ASAP!
--The answer is...
The question isn't 'rental' or investment but is this HOMESTEAD property. If you've lived there for five years, it is pretty clear it is no longer owner occupied and is therefore subject to school tax.
Your friend should consult with a local real estate lawyer to look into the details of their situation. It MAY be possible to salvage the situation, but depending on local practice and ordinances, there is no time to delay with this! Seek local legal help ASAP!
--The answer is...
Q: garnishing my wages michigan has not sent my ex any payment since it started in march. what do i do
Neil Colman's answer
It takes 4 to 8 weeks to set the file up in Lansing where support payments for the entire state of Michigan.
It takes 4 to 8 weeks to set the file up in Lansing where support payments for the entire state of Michigan.
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