Michigan Questions & Answers by Practice Area
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Michigan Questions & Answers
Q: how to stop my husband from transferring or selling his part of a land contract he co own with friend
David Soble's answer
Until several years ago, you could withhold waiving your 'dower rights" and he would have had a difficult time making a transfer without you. However, the law has changed and unless you have a court order either in a divorce action or under another theory of ownership, it is very unlikely that you will be able do anything. You should have a real estate attorney review the land contract as there are other facts that may change this answer.
Until several years ago, you could withhold waiving your 'dower rights" and he would have had a difficult time making a transfer without you. However, the law has changed and unless you have a court order either in a divorce action or under another theory of ownership, it is very unlikely that you will be able do anything. You should have a real estate attorney review the land contract as there are other facts that may change this answer.
Q: I transfer a Mi house to my daughter & son. They sold it after 4 years and 10 months. will they pay capital gain?
David Soble's answer
Generally, the exemption for capital gains from a home sale works as follows: you must have owned and lived in your home as your principal residence an aggregate of at least two of the five years before the sale (this is called the ownership and use test). You can claim the exclusion once every two years.
This has been the tax rules until the 2018 Tax Act. You should contact a CPA to delve further into your situation.
Generally, the exemption for capital gains from a home sale works as follows: you must have owned and lived in your home as your principal residence an aggregate of at least two of the five years before the sale (this is called the ownership and use test). You can claim the exclusion once every two years.
This has been the tax rules until the 2018 Tax Act. You should contact a CPA to delve further into your situation.
Q: Can a Financial Institution in Michigan add "Forced Place Insurance" on an Auto loan in light of the Wells Fargo suit?
1 Answer
| Asked
in
Business Formation, Consumer Law and Insurance Bad Faith
for
Michigan
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Adam Alexander's answer
If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract to give you a definitive response, but the Wells Fargo case involved forced-placed insurance on unsuspecting homeowners where the act was not allowed by the mortgage language. The escalation of...
If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract to give you a definitive response, but the Wells Fargo case involved forced-placed insurance on unsuspecting homeowners where the act was not allowed by the mortgage language. The escalation of...
Q: How can we evict a family member living with us that does not have a lease?
David Soble's answer
File an eviction action by giving them 30 days notice to quit. The tough part is that they can be in the home while your action is pending.
File an eviction action by giving them 30 days notice to quit. The tough part is that they can be in the home while your action is pending.
Q: If a home is rented, w/o a rental license, is the lease valid (Wayne County, MI). Is there punitive recourse?
1 Answer
| Asked
in
Civil Litigation, Contracts, Land Use & Zoning and Landlord - Tenant
for
Michigan
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
David Soble's answer
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.
Q: I got pulled over last night and went to jail for driving on suspended, I have a valid Florida drivers license
Frank B. Ford's answer
Florida can't give you driving privileges in Michigan if Michigan says you can't drive in Michigan. You need to try to fix whatever is keeping you from having a valid Michigan license. Besides, you probably will not be able to renew the Florida license without clearing your Michigan driving record. States now check the National Driver Registry, which they didn't do so much in the past. Get a Michigan attorney in the area where you got arrested, who handles a lot of driver's license...
Florida can't give you driving privileges in Michigan if Michigan says you can't drive in Michigan. You need to try to fix whatever is keeping you from having a valid Michigan license. Besides, you probably will not be able to renew the Florida license without clearing your Michigan driving record. States now check the National Driver Registry, which they didn't do so much in the past. Get a Michigan attorney in the area where you got arrested, who handles a lot of driver's license...
Q: If you drive a friend's car drunk can they get in trouble?
Jasmine D. Rippy's answer
Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and potential penalties will depend on whether another person is killed or injured. If no death or injury is involved, your friend could be charged with a misdemeanor and face up to 93 days in jail and $500 in...
Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and potential penalties will depend on whether another person is killed or injured. If no death or injury is involved, your friend could be charged with a misdemeanor and face up to 93 days in jail and $500 in...
Q: What happens at arraignment
Jasmine D. Rippy's answer
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty, he or she may be sentenced on the spot or at a later sentencing date. Based on my experience, sentencing for a driving while license suspended charge typically...
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty, he or she may be sentenced on the spot or at a later sentencing date. Based on my experience, sentencing for a driving while license suspended charge typically...
Q: My husband's boss encourages him to drink and drive all the time. It has been years, is there any way to fix it?
Jasmine D. Rippy's answer
If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink with his boss, he should limit his alcohol intake or make other transportation arrangements. Judges are harder on DUIs now than in the past because of the accessibility of Uber and Lyft.
If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink with his boss, he should limit his alcohol intake or make other transportation arrangements. Judges are harder on DUIs now than in the past because of the accessibility of Uber and Lyft.
Q: My child is 13, he stole my bank card and bought a semi-auto bb gun off of amazon. What can he be charged with
1 Answer
| Asked
in
Banking, Criminal Law, Federal Crimes and Identity Theft
for
Michigan
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Jasmine D. Rippy's answer
If you report your son to police, he could be charged with illegal use of a financial transaction device, which is a felony. Because he used the card online, he could also be charged with using the internet or a computer to commit a crime, which in this case would be a felony because the underlying offense is a felony. For adults, each charge carries penalties of up 4 years in jail and $5,000 in fines. Your son will most likely be tried as a juvenile and in such case, there will be a variety...
If you report your son to police, he could be charged with illegal use of a financial transaction device, which is a felony. Because he used the card online, he could also be charged with using the internet or a computer to commit a crime, which in this case would be a felony because the underlying offense is a felony. For adults, each charge carries penalties of up 4 years in jail and $5,000 in fines. Your son will most likely be tried as a juvenile and in such case, there will be a variety...
Q: What happens at arraignment
Jasmine D. Rippy's answer
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty to a drunk driving charge, the judge will schedule a later sentencing date. This will give the probation department time to prepare a pre-sentence report containing...
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty to a drunk driving charge, the judge will schedule a later sentencing date. This will give the probation department time to prepare a pre-sentence report containing...
Q: My home was raided. drugs found. Arrsted me but offered a deal and released me with no charges. What are my options ?
Jasmine D. Rippy's answer
You stated that you were offered a deal and released without charges. Therefore, it seems like there are no pending charges against you. I’m not sure what options you are referring to.
You stated that you were offered a deal and released without charges. Therefore, it seems like there are no pending charges against you. I’m not sure what options you are referring to.
Q: see below
Jasmine D. Rippy's answer
Yes, you would have to leave if he was granted a PPO against you. If you feel that the PPO isn’t warranted, you can seek to terminate it. This involves filing a motion to terminate the PPO with the court and scheduling a hearing date. I would suggest hiring an attorney to do this for you because you will have a better chance of getting the PPO terminated.
Yes, you would have to leave if he was granted a PPO against you. If you feel that the PPO isn’t warranted, you can seek to terminate it. This involves filing a motion to terminate the PPO with the court and scheduling a hearing date. I would suggest hiring an attorney to do this for you because you will have a better chance of getting the PPO terminated.
Q: I was found unconscious from alcohol, i was charged with possession of a controlled substance and public intoxication
Jasmine D. Rippy's answer
Yes, you can still be charged for possession. However, having a valid prescription is a defense if you can show proof of that presctiption. Hiring an attorney will give you a better chance of getting the charge dismissed. I would suggest contacting a local criminal defense attorney to discuss the details of your case.
Yes, you can still be charged for possession. However, having a valid prescription is a defense if you can show proof of that presctiption. Hiring an attorney will give you a better chance of getting the charge dismissed. I would suggest contacting a local criminal defense attorney to discuss the details of your case.
Q: Do I need a sponsor?
Hector E. Quiroga's answer
If you are working lawfully, you can be your husband’s “household member” and include your income with his.
If you are working lawfully, you can be your husband’s “household member” and include your income with his.
Q: Does a garnishment resume after a chapter 13 voluntary dismissal ?
Thomas. R. Morris' answer
The automatic stay (generally) goes into effect upon the filing of a bankruptcy petition. It is the automatic stay that stops a garnishment. When the case is dismissed, the stay ends, and garnishments can resume.
The automatic stay (generally) goes into effect upon the filing of a bankruptcy petition. It is the automatic stay that stops a garnishment. When the case is dismissed, the stay ends, and garnishments can resume.
Q: how can i stop a foreclose on my deceased grandfathers home. My sister is Representative of the estate but she owe taxes
Adam Alexander's answer
If it is a tax foreclosure, the simplest way to save the home is to pay the balance of the taxes due. I would need more information regarding the timing of the foreclosure to provide more detailed advice.
If it is a tax foreclosure, the simplest way to save the home is to pay the balance of the taxes due. I would need more information regarding the timing of the foreclosure to provide more detailed advice.
Q: i filed for bankruptcy in around 2006 and it was appointed. i just changed my daughters bank acct to me the bank took $
Robert Keyes' answer
Not quite enough information to answer your questions. You need to ask the bank very specifically about the details of the debt. If your daughter is an adult she needs to contact the bank also. Whose money was taken? Hers or yours. What kind of debt did you have with this bank in your prior case? There are other questions too numberous to get into in this email.
Not quite enough information to answer your questions. You need to ask the bank very specifically about the details of the debt. If your daughter is an adult she needs to contact the bank also. Whose money was taken? Hers or yours. What kind of debt did you have with this bank in your prior case? There are other questions too numberous to get into in this email.
Q: How do I see if something is coverd in a patent?
Kevin Flynn's answer
You can do some searching for issued patents or for pending applications that are in queue ahead of you. My slide set at http://bit.ly/Patent_Searching will help.
Interpreting the scope of patent claims is a bit tricky. If you find things that are close you should get advice from a patent attorney. The patent attorney can help you with the search process too.
I hope this helps.
Kevin E Flynn
You can do some searching for issued patents or for pending applications that are in queue ahead of you. My slide set at http://bit.ly/Patent_Searching will help.
Interpreting the scope of patent claims is a bit tricky. If you find things that are close you should get advice from a patent attorney. The patent attorney can help you with the search process too.
I hope this helps.
Kevin E Flynn
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