Michigan Questions & Answers

Q: My babies father got deported, I'm going for adoption. He is against it, what now? What are his rights?

1 Answer | Asked in Immigration Law, Adoption and Child Custody for Michigan on
Answered on Mar 30, 2017

Depending on the circumstances the father may have the right to prevent the adoption. I suggest you speak with an attorney familiar with adoption law.
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Q: My mom & her twin sisters name was on the deed to property I inherited. I'm selling it, can she get money from the sale

1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Answered on Mar 28, 2017

Option 1: Ask your aunt for a quit claim deed.

Option 2: File a lawsuit seeking partition. For that, you will need to consult an attorney.
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Q: My name is on the Deed after both Parents deaths. Can my estranged Sister do anything?

2 Answers | Asked in Family Law and Real Estate Law for Michigan on
Answered on Mar 28, 2017

She could potentially claim that the arrangement by which she was disinherited was caused by your undue influence over your parents, but generally, under Michigan law, a person can create an estate plan which prevents a son or daughter from receiving any property upon the parent's death. I hope that this answers your question, but if you have further questions you should consult with an attorney.
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Q: My parents recently passed away, we are in the process of selling their home to a family member, see more in details

3 Answers | Asked in Real Estate Law for Michigan on
Answered on Mar 28, 2017

Deduct 6% of the commission from the sales price. When you say "private" I believe you are implying that you want to sell the home FSBO or "For Sale By Owner." If that is the case, then there should not be a commission to any agent or at the most a 3% commission to the "procuring agent." Also, if both parents have a passed during the sales process, you will need to make sure that you or family member still has the authority to sell the property , otherwise it will need to be probated. Hope...
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Q: I guit deeded my second home to my grown grandson. My name is on title. Can I put his mother on the title in my place.

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Mar 27, 2017

If you QUIT claimed property to an adult grandson, the property is now his. YOU no longer can do anything. You may be able to salvage the house from a tax sale, but this is FAR too complicated to figure out what you should do in this sort of forum. You really do need to speak with a real estate attorney in the area where the house is located to determine what if anything you can do.

"Quit Claim" deeds are a VERY easy way to get yourself into trouble if you don't have a real legal...
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Q: My father passed and owes 3500 in cc debt. I filed for PR through probate- all he has is 2 pd off cars . Can they take?

1 Answer | Asked in Estate Planning and Probate for Michigan on
Answered on Mar 27, 2017

If the cars were worth less than 60k total you may not have had to file probate in the first place. Why did you do so? Without seeing the whole situation in total it is hard to say what may happen, but yes, an unsecured creditor CAN reach assets (such as a 'free and clear' car) through probate. You really need to bring all the paperwork into a local probate attorney to review to see what you can claim as 'exempt' or 'priority claims' to determine what if anything you can salvage here if indeed...
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Q: Am i obligated to pay money back without a written contract?

1 Answer | Asked in Banking and Contracts for Michigan on
Answered on Mar 26, 2017

Yes, you are obligated if in fact you agreed to repay. Assuming that the contract was performable within a yesr, the oral contract obligation to pay back the loan is enforceable under Michigan law because it is not in the category of contracts that must be in writing to be enforcable.
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Q: if I let my house go into forclosure what will hapen

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Mar 25, 2017

Several things. In no particular order,

1) you will lose the house

2) your credit rating will go down dramatically

3) you may be unable to find housing in the future

4) your insurance rates will go up

5) you may be sued for a deficiency amount

6) you may get a 1099 from the bank foreclosing and have to pay a large tax bill

and probably other bad things.

Are you detecting a pattern? In other words, 'nothing good'.

Talk to...
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Q: Is it legal for mother to put house in trust without father's knowledge?

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Answered on Mar 25, 2017

Assuming your father's name is NOT on the house, then -- until April -- your mother CAN do whatever she wants with her property. Interestingly, until April, your father cannot do anything similar because your mother, as his wife, has more rights than he does. Thanks to recent Supreme Court rulings, the Michigan Legislature is changing this,

Given that however, this doesn't sound like it will make a huge difference if your father is not living in the house. If they are NOT involved in a...
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Q: What if both parents don't come to probate court will the child go back to the Guardian and the Guardian don't

1 Answer | Asked in Child Custody and Probate for Michigan on
Answered on Mar 25, 2017

The Court will generally not impose responsibilities on a 'guardian' if the guardian declines to act. Without knowing all the facts however, it is impossible to know exactly what will happen in Court. Has the guardian ALREADY accepted the responsibility? Is there some sort of change in circumstances that would make this necessary for a period of time?

If you have questions about this, you should consult with a local Probate attorney who can provide ACTUAL legal advice and guidance....
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Q: I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?

2 Answers | Asked in Tax Law and Business Law for Michigan on
Answered on Mar 24, 2017

If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category of your question indicates, there may be personal liability. Your question indicates that you "never did anything with it", but with a bill for $29k there must be a creditor who disagrees.
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Q: Can a landlord change his mind and send a new list of damages after sending a first?

1 Answer | Asked in Landlord - Tenant for Michigan on
Answered on Mar 23, 2017

If the second list states that it is a revision of the first and the landlord can support the evidence of the damages, (such as an item could not have been discovered timely, etc) I see no reason why there would be a problem with the revised list. You do have the right to contest the LL findings however.
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Q: What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Michigan on
Answered on Mar 23, 2017

Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if they can prove the existence of a contract, your breach of the contract, and their entitlement to damages for breach of the contract, they may obtain a judgment against you.
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Q: I am the only blood relative alive, but i signed adoption papers with my real mothers sister

1 Answer | Asked in Probate for Michigan on
Answered on Mar 23, 2017

If you were legally adopted by your Aunt, your biological brother is now your cousin. You MAY have the ability to inherit from him, but unless there is a will, you will need to dig through the intestacy succession to see if there isn't someone 'ahead of you in line' to inherit. (and this assumes everyone involved is now a legal adult and fully competent.

Without reviewing the WHOLE situation in detail it is impossible to say for sure, but the short answer is "possibly". The real...
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Q: I want to know if a car dealership must honor the window sticker price of a vehicle even if they say it's an error

1 Answer | Asked in Consumer Law for Michigan on
Answered on Mar 21, 2017

It depends on the circumstances. Courts tend to be fair about mistakes such as this, and if it's an obvious mistake the dealer likely won't be help to the sticker price. If, however, there is evidence of a scam, bait and switch, or deceptive behavior, a Court is more likely to hold a seller to a written quote. I would need to see the sticker and discuss the circumstances in more detail to provide you with a more accurate response here.
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Q: my school has recently put a new policy in regarding phones. they're forcing us to put them in a box at class start

1 Answer | Asked in Contracts and Products Liability for Michigan on
Answered on Mar 21, 2017

This question fits better in the category of school law, not contracts, assuming that you attend a public school and not a post-secondary school, such as a college.

A student has fewer rights at school than an adult enjoys in daily life. The student's rights are limited by the school's authority to maintain order. So I don't doubt that the school could enforce such a rule, nor do I believe that the school is required to assume liability for phones left in the "box". The solution that...
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Q: Mom did a Lady a bird deed on her house. I am one of 9 on deed. Can I sell my share to 1 of the others listed on deed?

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Mar 21, 2017

Yes, assuming the two of you can agree to terms. Indeed, absent EVERYONE wanting to sell their interests, this is probably the ONLY way to sell your interest, as nobody else would be rationally interested in buying a partial share.

A caveat though -- please don't try to do this without legal advice. There are specific procedures needed to do this, you have reporting requirements and if you do this wrong, it can impact your taxes significantly!

-- This answer is offered for...
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Q: Is there a period of time to revoke acceptance of an offer to purchase real estate?

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Mar 20, 2017

Once you 'accept' the offer, the deal is sealed and cannot be 'revoked' for any reason other than conditions listed in the offer falling through, or the two of you (buyer and seller) could agree to 'cancel' the deal for whatever reason -- but only by agreement of both parties!

You should ALWAYS have an attorney review offers before accepting/presenting them because you are locking yourself into a specific transaction with specific terms and you need to understand that BEFORE you sign....
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Q: Receiving a warranty deed after signing a quit claim deed.

1 Answer | Asked in Estate Planning and Real Estate Law for Michigan on
Answered on Mar 20, 2017

Your father (and mother?) owed no one a deed other than the person HE sold to unless the second person ASSUMED the land contract and your father and he entered into an agreement. At that point, he STILL didn't owe a deed until the contract was paid in full. It sounds like this whole thing has been messed up from the word go, but without seeing documents I can't tell you what should have been done, or if what was done was sufficient.

You REALLY need to show all this paperwork to a...
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Q: my husband is part owner of LLC. God forbid, If something should happen to him, would i be entitled to his share?

1 Answer | Asked in Business Law for Michigan on
Answered on Mar 19, 2017

Probably. It depends upon 1) whether he owns his membership imterest jointly with another person; 2) his estate plan; and 3) the terms of the operating agreement (such as whether there's a buy-sell provision. You have not provided enough information to enable me to answer definitively.
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