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Michigan Questions & Answers
1 Answer | Asked in Child Support for Michigan on
Q: can a court charge you child support without your knowledge
Brent T. Geers
Brent T. Geers
answered on Feb 3, 2023

Depends on how it is done, and what you mean by "your knowledge". But yes, it is possible to be subject to a support order without your knowledge.

1 Answer | Asked in Immigration Law for Michigan on
Q: Is my marriage legal in USCIS VIEWPOINT ? I asked Clerk of Oakland County MI. He said no.

Filipina citizen I brought to USA on K1. We were in MI in motel, used zoom for meeting for an online ceremony with officiant in Utah and two witnesses somewhere in utah also. Is our marriage legal for USCIS when it is not in the state we live in (MI) and were residence in, when we had online... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

For USCIS, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated. Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed. If the marriage was... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: My property was foreclosed I got a satisfaction of mortgage but some how I have a deficiency balance.

I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 3, 2023

This is a little more complicated.

Was the discharge recorded? Do you have the written acknowledgment of payment in full? Did you rely on those representations when closing on the transaction? Did you get a 1099 showing the write off?

If ALL of the above is true, you have a pretty...
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1 Answer | Asked in Insurance Bad Faith for Michigan on
Q: Insurance company will no longer pay for restoration from hot water tank flood, what can i do?

clean up company already started cleaning the basement and removing drywall and demolition has started, but now the insurance company will no longer cover the cost.

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

You need to talk with an attorney focused on insurance. It will matter whether claim was approved and for what work.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: Filing a uniform child custody jurisdiction enforcement act affidavit, what do I have to provide

I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.

1 Answer | Asked in Child Custody for Michigan on
Q: Can I sue my attorney for not doing anything on my behalf in my child custody case which resulted in lost of custody?

My sons father took me back to court over child custody. We were never married I had full custody. Him and his lawyer knowingly and deliberately lied in court. My attorney never called a witness that I suggested to him or presented evidence that I had given him or told him he could obtain that... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Best advice would be to contact another family law attorney to review everything. You could certainly talk with a malpractice attorney, but some of what you write concerns trial strategy, which is difficult to show malpractice.

1 Answer | Asked in Criminal Law for Michigan on
Q: What if I called the court on the 30th to ask him if I can go ahead and do zoom on the 31st for my court date

I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward....
Read more »

2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 1, 2023

The PROBATION officer won’t but protective services may have issues.

I hope this is already in the works but, you NEED to have both legal and mental health professional assistance for your family. Seek that help right away.

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2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... Read more »

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors needed for a small estate with no assets?

My brother in law passed away intestate in Michigan 2021, leaving 2 adult sons, no assets. There was never a need to open an estate.

My mother in law passed recently intestate in Georgia and has real estate, etc.

Before we can file for an estate for my mother in law, we have to... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 28, 2023

The short answer is 'yes' whenever you open an estate you have to do a LOT of things, including publishing.

The longer answer is -- there are a lot of things that are required, starting with determining whether or not a probate estate is REALLY necessary. How do you come to the...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: can a traffic stop be conducted or started after I have exited my vehicle in front of my own home

I was stupidly drifting on my road and after I parked in front of my house and exited my vehicle and proceeded to walk to my door a police cruiser then came around the corner flashed his lights and stepped out of his vehicle to conduct a traffic stop can an officer conduct a traffic stop after I... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 27, 2023

Very fact-dependent, but short answer is yes.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is a cease and desist warranted for someone who is attempting to blackmail you?

Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... Read more »

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Saginaw County MI: My brother committed suicide in Oct. and we need to know what to do next for mother to sell his home.
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 26, 2023

I'm sorry to hear of your loss.

IF your brother owned the house solely, it will need to go through probate, and his heirs (maybe your mother, maybe not ... it depends on whether or not he had a will, or children, or a spouse etc. none of which you say) so that SOMEONE (be that his...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Contracts, Estate Planning and Probate for Michigan on
Q: As the beneficiary of

As the beneficiary of a deceased insured, do I have the legal right to give the insurance company authorization to

Disclose the deceased, personal medical information? I am the deceased’s wife. They want me to sign a paper and give them that right. Is that legal for me to do? I did have... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 25, 2023

The Michigan statutes on decisions to be made regarding the body of a dead person use the term "next of kin" to refer to the class of persons who can make such decisions. As the widow, you would be the "next of kin". Therefore, you would be a person with authority to make... Read more »

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

David Soble
PREMIUM
David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »

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1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan and my divorce was finalized December 15th. I was awarded all property, does that include firearms?

I was awarded all property in my possession and that includes his 2 firearms, which were obtained during the marriage. He is asking for them, but shouldn't they be included in the property settlement? He was supposed to sign over ownership of property in my possession within 30 days as well.

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Without looking at the judgment of divorce, I'd say you're in the pole position on this issue. Question though should be whether it's worth your time, effort, and possibly money, should he file a motion over items you apparently know he wants.

If you have no personal...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question pertaining to law enforcement surveillances What rights does the subject have regarding privacy?

Subject has not committed or been charged with any infractions or violation. Noticed drone tracking

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Lots of questions before there can be any answers. 1) how do you know the drone is tracking you? Generally speaking, even if the drone is tracking you - presumably from the air - you don't have a privacy right walking or driving down the street. Things get trickier if a drone is hovering close... Read more »

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