Michigan Questions & Answers by Practice Area
- Bankruptcy
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- Gov & Administrative Law
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- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
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- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
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- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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- Patents (Intellectual Property)
- Probate
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- Small Claims
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- White Collar Crime
- Wrongful Death
Michigan Questions & Answers
Q: filing for car I have, it dont run. I want to get rid of car, bank gave me release of lien paper. Can I sell it?
Kevin M Rogers' answer
Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!
Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!
Q: Can someone be charged with domestic violence after the fact?
Brent T. Geers' answer
Anyone can make a complaint to the police, but a police officer's job is to initially determine whether probable cause exists to believe that someone is subject to arrest for a crime. Under the facts you indicate, it doesn't sound like the police could do very much here. IF CPS did contact the police (unlikely given what you told them and the fact that it doesn't sound like they are doing anything), the police may come out to talk with you to verify your story; but it doesn't sound like -...
Anyone can make a complaint to the police, but a police officer's job is to initially determine whether probable cause exists to believe that someone is subject to arrest for a crime. Under the facts you indicate, it doesn't sound like the police could do very much here. IF CPS did contact the police (unlikely given what you told them and the fact that it doesn't sound like they are doing anything), the police may come out to talk with you to verify your story; but it doesn't sound like -...
Q: I just found out that in my dads will he said i would get his house, but now someone else owns it. Could i still get it?
Brent T. Geers' answer
You must first determine how the home was sold into someone else's name if your dad owned it (by a recorded deed) on the day he passed. Is it possible that someone else's name was also on that deed? If so, the house would pass to that person or persons regardless of what the will says.
Was there a probate court proceeding? After looking through the register of deeds information, that would be the next place to check to find out what's really going on.
You must first determine how the home was sold into someone else's name if your dad owned it (by a recorded deed) on the day he passed. Is it possible that someone else's name was also on that deed? If so, the house would pass to that person or persons regardless of what the will says.
Was there a probate court proceeding? After looking through the register of deeds information, that would be the next place to check to find out what's really going on.
Q: Can an arbitrator deny a witness
Timur Akpinar's answer
Yes. Although arbitrators can follow the same rules of civil procedure and evidence observed in federal or state court, they generally have more leeway, based on the size and scope of the matter. The guidelines they follow generally tend to be less formal than traditional court rules. This is as a general matter. A Wisconsin attorney familiar with the particular arbitration forum could offer more specific guidance.
Tim Akpinar
Yes. Although arbitrators can follow the same rules of civil procedure and evidence observed in federal or state court, they generally have more leeway, based on the size and scope of the matter. The guidelines they follow generally tend to be less formal than traditional court rules. This is as a general matter. A Wisconsin attorney familiar with the particular arbitration forum could offer more specific guidance.
Tim Akpinar
Q: How does the friend of the court work in regards to paternity, custody, and child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?
1 Answer
| Asked
in
Criminal Law, Divorce and Child Custody
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Q: hi im a criminal justice major and I was wondering if I can get a sample of a criminal complaint
Brent T. Geers' answer
Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.
Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.
Q: Was awarded judgement in small claims, the defendant sent a check with memo section saying for Goodwill and good bless.
Brent T. Geers' answer
Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you clearly received, and ask YOU "why are we here?".
You're free to ask around in your local community, but I do not know any judge - particularly one with a busy docket - who would be amused by...
Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you clearly received, and ask YOU "why are we here?".
You're free to ask around in your local community, but I do not know any judge - particularly one with a busy docket - who would be amused by...
Q: Is my employer allowed to implement new policies that were not established before I was hired in?
Brent T. Geers' answer
Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.
Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.
Q: My mom died about two months ago in Michigan, and my sister went to Probate Court in Wayne County to live in my mom's ho
Trent Harris' answer
It sounds like your sister has been appointed personal representative of the estate. Whether your sister can sell the house depends on how the house was owned by you and your deceased mother, whether it was joint tenants with right of survivorship, or whether it was tenants in common. If it was tenants in common, then the house is an asset of your mother’s estate now. Without more information, it’s hard to help you further. You should talk to an attorney to find out more.
As...
It sounds like your sister has been appointed personal representative of the estate. Whether your sister can sell the house depends on how the house was owned by you and your deceased mother, whether it was joint tenants with right of survivorship, or whether it was tenants in common. If it was tenants in common, then the house is an asset of your mother’s estate now. Without more information, it’s hard to help you further. You should talk to an attorney to find out more.
As...
Q: Should I accept this offer from the insurance company, or should I get more money?
2 Answers
| Asked
in
Contracts, Insurance Defense and Car Accidents
for
Michigan
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
This is a perfect example why non-lawyers should never agree to do anything important when offered by a complete stranger--over the telephone? Really? There may still be time for you to extract yourself from the clutches of this uncaring insurance company--if you call a lawyer and ask for help. Do it today.
This is a perfect example why non-lawyers should never agree to do anything important when offered by a complete stranger--over the telephone? Really? There may still be time for you to extract yourself from the clutches of this uncaring insurance company--if you call a lawyer and ask for help. Do it today.
Q: is social security counted as disposible income in a chapter 13 bankruptcy
Trent Harris' answer
For purposes of the Chapter 7 means test, Social Security benefits are not income. But for purposes of Chapter 13 disposable income, yes, Social Security benefits are counted as income from which your allowable expenses are subtracted to arrive at disposable income in Michigan. In some other jurisdictions (other than Michigan), the answer would be different.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to...
For purposes of the Chapter 7 means test, Social Security benefits are not income. But for purposes of Chapter 13 disposable income, yes, Social Security benefits are counted as income from which your allowable expenses are subtracted to arrive at disposable income in Michigan. In some other jurisdictions (other than Michigan), the answer would be different.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to...
Q: Has the law been altered as of 2019?
1 Answer
| Asked
in
Business Law, Consumer Law, Contracts and Juvenile Law
for
Michigan
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Trent Harris' answer
There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.
Here is a link to Michigan’s law on tattooing minors. http://www.legislature.mi.gov/(S(a1v3sujz11rki0tfhjvedhzc))/mileg.aspx?page=GetObject&objectname=mcl-333-13102
Also, tattoo shops are free to set their own rules about the minimum age of someone they tattoo. My recommendation is to wait until you’re older. A tattoo is forever, and not...
There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.
Here is a link to Michigan’s law on tattooing minors. http://www.legislature.mi.gov/(S(a1v3sujz11rki0tfhjvedhzc))/mileg.aspx?page=GetObject&objectname=mcl-333-13102
Also, tattoo shops are free to set their own rules about the minimum age of someone they tattoo. My recommendation is to wait until you’re older. A tattoo is forever, and not...
Q: my husband's grandmother lert a will. Upon her passing her surviving son & daughter will split the house . On her decis
Trent Harris' answer
Under Michigan’s Estates and Protected Individuals Code, a child is also defined as someone with whom the parent had an openly acknowledged parent-child relationship which continued until death of the parent. The 3rd wouldn’t necessarily have to have a DNA test or birth certificate to prove she has the right to inherit from the parent’s estate. You, or the 3rd child, should talk to a qualified lawyer in your area who can help in this situation.
Under Michigan’s Estates and Protected Individuals Code, a child is also defined as someone with whom the parent had an openly acknowledged parent-child relationship which continued until death of the parent. The 3rd wouldn’t necessarily have to have a DNA test or birth certificate to prove she has the right to inherit from the parent’s estate. You, or the 3rd child, should talk to a qualified lawyer in your area who can help in this situation.
Q: What happens in Federal Court after Initial discovery is over, defendant has offered me $ as settlement, but plaintiff?
3 Answers
| Asked
in
Business Law, Civil Litigation and Contracts
for
Michigan
on
Answered on Apr 11, 2019
Answered on Apr 11, 2019
Griffin Klema's answer
Typically in federal court the case will continue to proceed towards trial. The case management conference and order entered will usually spell out the deadlines for various steps along the path to trial. The parties are always able to voluntarily settle the case (and such agreement is encouraged), but must be achieved by mutual consent. If you can't agree, then there's no settlement and the case proceeds. Good luck!
Typically in federal court the case will continue to proceed towards trial. The case management conference and order entered will usually spell out the deadlines for various steps along the path to trial. The parties are always able to voluntarily settle the case (and such agreement is encouraged), but must be achieved by mutual consent. If you can't agree, then there's no settlement and the case proceeds. Good luck!
Q: I created a unique plant fertilizer product that is retail. I solely control formula and want to protect & patent. How?
Peter D. Mlynek's answer
Wow, you already went through the regulatory dance. Great!
To get a patent, contact a patent attorney to get you started. (I do patents for formulations on daily basis for my clients, and I've done some in ag chem).
Make sure that you have some good data over other common fertilizers, and most importantly, over the combination of ingredients. If your ingredients are known, then the data is more important then if the ingredients are new chemical entities. What I mean is that...
Wow, you already went through the regulatory dance. Great!
To get a patent, contact a patent attorney to get you started. (I do patents for formulations on daily basis for my clients, and I've done some in ag chem).
Make sure that you have some good data over other common fertilizers, and most importantly, over the combination of ingredients. If your ingredients are known, then the data is more important then if the ingredients are new chemical entities. What I mean is that...
Q: Use my personal address on a business bank account? Degree of risk of piercing the LLC veil?
1 Answer
| Asked
in
Banking, Business Formation and Business Law
for
Michigan
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
There is nothing wrong in using a home or personal address as a business address.
There is nothing wrong in using a home or personal address as a business address.
Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?
Adam Alexander's answer
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.
Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.
If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.
Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.
If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...
Q: Divorced 1 yr, joint custody, I pay CS. Ex's pay has increased and we now have same salary. Can I request CS mod in MI?
Brent T. Geers' answer
The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.
The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.
Q: I paid a lawyer $10,000.00 to go to probate court and before I could get all the information my father passed away.
Brent T. Geers' answer
Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.
Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.
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