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Michigan Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: I just got a 30 day notice on a month to month rental, under covid do I have any rights?
Kenneth V Zichi
Kenneth V Zichi answered on Nov 23, 2020

Through the end of the year, there are some protections for people who cannot afford to pay rent and fall behind, but there is nothing specific preventing a month to month lease from being terminated with 30 days notice that I'm aware of.... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I found severe structural damage during final walkthrough that inspector didn't catch. What are my options w/o walking

House was for sale by owner with assistance from agent friend. The day after placing an offer on the house, the seller moved out of state. Seller did not disclose damage and verbally stated she used 1 car detached garage just for storage through that single garage door. Inspector couldn't open... Read more »

David Soble
David Soble answered on Nov 22, 2020

If there is a structural issue or home defect that comes to light prior to a closing and the seller should have disclosed the defect that was known to them, then you may have grounds to cancel the transaction. The fact the home inspector could not get into the garage to do their home inspection... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Can I sue drug manufacturer?

I developed a severe gambling addiction while taking Mirapex long-term. It stopped after I quit taking the drug. This has placed me on the brink of bankruptcy. Is this a valid basis for suing the manufacturer? Do the existence of prior class action lawsuits to which I was not a party prevent me... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2020

A Michigan attorney could answer best, but your question remains open for a week. As a GENERAL matter, It seems like it would be a difficult case to establish. It could depend on what the warning label for Mirapex includes, but the drug is generally used to treat symptoms of Parkinson's... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: want to sue baker college for over charging me 30,000

Went to baker college of clinton township, they told me 2 years and 20,000 and said that would find a job for me

didnt even start on my degree until a year and a half and i got a bill from them saying i have to pay 27,000 dollars or get in trouble, it was just lies after lies from them

Robert Keyes
Robert Keyes answered on Nov 20, 2020

Cannot even comment without a lot more information.

1 Answer | Asked in Criminal Law for Michigan on
Q: Interesting... What is the basis for the habitual offender status? I have yet to find any other previous or subsequent.

I also don't see any citation which makes authorizing a sexually active youth to take some condoms, after being directly asked by same. There is no age limit on condoms. Why is this case posted publicly without permission?

Kenneth V Zichi
Kenneth V Zichi answered on Nov 18, 2020

You are clearly asking questions that require specific advice about an ongoing case. That is not possible in an open forum like this. Please seek local legal representation from a licensed attorney.

-- This answer is offered for informational purposes only and does not constitute legal...
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1 Answer | Asked in Domestic Violence and Probate for Michigan on
Q: Can I skip the step of reporting observed abuse and file a complaint directly with the Probate Court?

My elderly father's wife suffers from addiction (refuses treatment) and abuses him. I have proof. He would not technically be considered a vulnerable adult but one could argue he is as he allows it to continue. She needs a guardian and court-mandated treatment. I cannot allow this to continue... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2020

I think you should reconsider giving Adult Protective Services a call first. If you filed for guardianship - skipping that reporting step as you say - you'll find that before the court appoints a guardian, there will be someone appointed - a GAL - to investigate and make a report and... Read more »

1 Answer | Asked in Probate for Michigan on
Q: My sister is trying to have me removed from my mother's trust, she passed away in June, I have no money and clue what

My house is somehow in her trust I am going to lose everything

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

It is hard to tell what is really going on here. If you are living in a house that is owned by the trust, then you could face eviction if the trust does not allow you to live there and the trustee believes it is in the best interest of all concerned to sell the house. If you a beneficiary of the... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I need help writing an appeal for new issues for Supreme Court for ineffective counsel on a 2nd degree murder case.
Brent T. Geers
Brent T. Geers answered on Nov 16, 2020

Are you the defendant? If not, your efforts would be better spent on retaining counsel for the defendant. Appeals are complex and require a solid foundation in the law and its construction and interpretation; they should not be done alone or by anyone who is not an attorney. More important, if you... Read more »

2 Answers | Asked in Tax Law and Probate for Michigan on
Q: Parents house left 2 me in trust. When I change the name on the house will my taxes go up or are they grandfathered in?

Trust was made in 2006. My father passed in 2017 and my mother is still alive. I understand that the house is now owned by the trust. But after my mother passes and I put the house in my name will the taxes on the house go up or will I pay the rate at which my parents were paying.

Not... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 16, 2020

Assuming you are the beneficiary or contingent beneficiary of the trust taxes will not necessarily be uncapped.

Beginning in 2015, a distribution of residential real property from a trust to a distributee who is settlor or the settlor’s son or daughter, (among other relations) AND if...
Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Is there a Real Estate Law that prohibits/denies a tenant of an apt building the right to see their financial file

The file in which copies of money orders and checks are kept

David Soble
David Soble answered on Nov 16, 2020

It sounds as if you are requesting to see your landlord's payment ledger. There is no 'law' per se, however, if you are challenging how you made your payments or how they were credited, you should have copies of your own payment receipts through cancelled checks or money orders.... Read more »

1 Answer | Asked in Business Formation and Civil Litigation for Michigan on
Q: If you post something online for a certain price do you have to sell it at that price or lower?

Let’s say some dealership is trying to be slick and use Facebook marketplace. They post a product for ridiculously cheap knowing that product is way more then the posted price. Could a consumer sue the dealer to get the product for the posted price?

Brent T. Geers
Brent T. Geers answered on Nov 15, 2020

As they say, "the devil is in the details". You would really need to ascertain what, if any, strings are attached to the offer, and whether you met all those conditions. Let's just say, for example, a store advertised new refrigerators for $100, but the conditions were that you had... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: what we do if a judge put untrue statements in his verdict?
Brent T. Geers
Brent T. Geers answered on Nov 15, 2020

A judge may opine about evidence, facts, and testimony properly presented. Importantly, that means they can determine one witness's "truth" may be more truthful than another witness; that's called credibility. If there is reason to believe a statement, I'm not sure what... Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: Can I give evidence when it's time for me to give my court submission?
Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A Michigan attorney could advise best, but your question remains open for a week. As a GENERAL matter nationwide, evidence is gathered during the discovery process. That could take several months and it involves attorneys conducting depositions and gathering records that include police reports,... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Can an attorney subpeona evidence against their client prior to even having a court date set for child support hearing?

.

Brent T. Geers
Brent T. Geers answered on Nov 13, 2020

Both parties can conduct discovery. You have a legal obligation to answer the subpoena by providing the relevant information requested. You also have the right to request the same from the other side. If you do not respond, the court can refuse to accept what you have into evidence, so it would be... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: What do I do my ex filed twice for domestic violence I have never touched her

Both is false she did it to get a place to live and free housing I gave her a ride dropped her off she took 200 of my money went with a drug addict I am with my wife. And my son currently fighting for my kids cause she got them put in foster care I got a warrant in the mail today and don't... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 13, 2020

Contact a local criminal attorney who can work with you to facilitate turning yourself in with as little hassle as possible to begin the criminal case process. All this will play out in court now, and if her allegations are baseless, that will come out in the court process. What you do not want to... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: If my ex has cancer and he passes away will the child support be paid still also how is the kids medical insurance paid
Brent T. Geers
Brent T. Geers answered on Nov 13, 2020

Child support would end; the child would be an heir and so would be entitled to at least some portion of your ex's estate. But if there is nothing in the estate, then it ends there. You would need to provide medical insurance. It's really no different than if your ex died while you were... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Michigan on
Q: Injured on a Detroit city bus by a car hitting the bus from behind how do I file a claim against the city insurer?
Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. You should consider consulting with a Michigan attorney without further delay, as accidents involving public carriers could be subject to very short filing deadlines. According to your description, a vehicle struck... Read more »

1 Answer | Asked in Products Liability and Landlord - Tenant for Michigan on
Q: If my name isn’t on the lease and I move out is there a way to get my personal belongings, when the person wont comply?

Well I was living with a friend and I recently moved out but I was never on the lease, most of my things are there I wanted to get them back but the person is giving me tge run around to get them. Is there any way I could obtain them?

Brent T. Geers
Brent T. Geers answered on Nov 12, 2020

Not easily. You might need to file a claim and delivery action in the local district court.

1 Answer | Asked in Criminal Law for Michigan on
Q: If a 2nd degree arson charge drops from 53-81 months to 3rd degree arson 0-5 months do I stand a good chance of winning?

This was my own home and we had no insurance so we lost everything and I was the one that called 911 there's no ignition Source or accelerant they don't even know what started the fire I assumed I am being charged because I was the only one there at the time so they tried to make me plea... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 10, 2020

You should first check with your attorney to determine your guidelines on each charge. 2nd degree arson is a 20 year felony, and 3rd degree arson is a 10 year felony. I doubt that if your guidelines on a 2nd degree would 51 to 83 months, that they would drop that significantly down to 0-5 months.... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my sons mom work at his school during days when it’s not her days to have him and therefore see him every day?
Brent T. Geers
Brent T. Geers answered on Nov 10, 2020

Your question begs the response most family law practitioners and judges urge clients: everything revolves around the best interest of the children, not the parents. One of the best interest factors is the parents willingness and ability to facility the parent-child bond with the other parent. I... Read more »

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