Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Questions & Answers
2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Michigan on
Q: Should I proceed with probate to sell a foreclosed property in my mother's estate?

I'm going through probate to acquire my late mother's estate, which includes a property currently in foreclosure. There are no other assets. I want to proceed so I can sell the property. The foreclosure process hasn't been completed yet, and my timeline is to complete everything in... View More

David Soble
PREMIUM
David Soble
answered on Apr 22, 2025

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Michigan on
Q: Can executor transfer home to own name for reverse mortgage in Michigan?

I am the executor of my parents' living trust, which left the assets to be evenly split between my two brothers and me. I have the warranty deed for the house, and I need to buy out my brothers or sell the home within a few months. My brothers agree to be paid their share, with one directly... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.

Upon approval you...
View More

Q: Can sister force grandfather to leave mom's residence in probate issue?

My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

View More Answers

4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2025

I think that you misunderstand what happened. It sounds to me like the property went to foreclosure sale, the mortgage holder purchased a sheriff's deed at the sale by "bidding in" the debt, the redemption period expired, and the mortgage holder became the absolute owner of the... View More

View More Answers

4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

David Soble
PREMIUM
David Soble
answered on Apr 16, 2025

The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More

View More Answers

4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2025

Here's a further answer:

If the redemption period has not expired, you could redeem.

However, the holder of a sheriff's deed is free to sell its interest in the property prior to the expiration of the redemption period.

If you were a joint owner at the time of...
View More

View More Answers

3 Answers | Asked in Business Law, Civil Litigation, White Collar Crime and Criminal Law for Michigan on
Q: Is it legal for a NFP CEO to transfer funds to their own for-profit without board approval in MI?

I am concerned about the legality of a transaction made by the CEO/President of a nonprofit organization in Michigan, who transferred $150,000 of the organization's funds to a for-profit company under their control. The purpose of the transfer is unknown, and there was no board approval for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 14, 2025

The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More

View More Answers

2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Michigan on
Q: Can I operate locally as "Kadosh" and later trademark it?

I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More

Patrick A. Twisdale
PREMIUM
Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Initially, I would advise seeking trademark counsel to fully advise you on your situation.

There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2025

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Michigan on
Q: Is a rent increase from $520 to $690 at my MHP excessive?

I have been living in a mobile home park for 6 years, and my rent was last increased 12 months ago. Recently, my rent was raised from $520 to $690 without any specific reason provided by management. Other residents have received the same increase. I'm not aware of any local rent control laws.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2025

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting....
View More

View More Answers

2 Answers | Asked in Communications Law, Consumer Law and Internet Law for Michigan on
Q: Is installing mSpy without consent legal for phones I pay for?

I pay for two cell phone lines under my account. A family member, who is over 18, uses one of these lines. There are no formal agreements; it was offered for cost-saving purposes. I'm considering installing parental control software, like mSpy, on the device. Is it legal to do so without their... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Since they are over 18, no. As an adult they have a reasonable expectation of privacy. mSpy can be used to perform covert surveillance, including surveillance of conversations without the consent of at least one party. This could result in you inadvertently committing a felony. In addition, if it... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Michigan on
Q: Can my ex-girlfriend avoid eviction and change her mind after dismissal?

I gave my ex-girlfriend a 30-day notice to vacate, which she acknowledged with a handwritten letter stating she'd be out in 30 days to avoid eviction on her record. She didn't leave, so I filed for eviction in Michigan a week after the deadline. She's now claiming she'll move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 4, 2025

I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and...
View More

View More Answers

3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2025

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but...
View More

View More Answers

3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

David Soble
PREMIUM
David Soble
answered on Apr 1, 2025

The property valuation that is used is based upon the value of the home on the date of the decedent's death. To get the most accurate valuation for that date, you and your family should hire an appraiser—a licensed professional to give a scientific opinion on the home's value. Not a... View More

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Injury after colonoscopy fall: seeking liability advice

I was injured on March 24, 2025, after falling at Marquette General on the endoscopy floor right after my colonoscopy. I have a cut on my right eye and a broken right wrist, which will require surgery on April 4, 2025, at Bell Hospital. I'm also facing lost work time for at least three weeks.... View More

Mark K. Schwartz
Mark K. Schwartz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

Thank you for your question and I am sorry to hear about your injury. This is definitely something that should not have happened in that environment. As an important cautionary reminder, please remember that the patient advocate, despite that person's title, works with the hospital's... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Facing child abuse charges with CPS involvement. Need legal guidance.

I'm facing a child abuse case, accused of 3rd-degree abuse, and there's a warrant out for my arrest. CPS has already removed my children from my home, and I'm currently involved in court proceedings with CPS. I haven't consulted with a lawyer yet, but I urgently need one before... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More

View More Answers

Q: How to address misrepresentation in divorce property claims?

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear...
View More

View More Answers

2 Answers | Asked in Legal Malpractice and Personal Injury for Michigan on
Q: Can I sue my attorney for pressuring me to settle and lack of communication?

I feel my attorney pressured me into settling my personal injury case. She would rush me off the phone, claimed the company had a lot against me, and said I wouldn't win if I went to court. I only spoke to her three times during my case—mostly through paralegals—and many of my calls and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Unlikely. I'm not sure what you expected as far as communication is concerned. She informed you of the offer and her opinion. You agreed to the settlement. Causing you to feel pressured is not malpractice; in fact, the opposite could very well be. Your lawyer's job is not to be a... View More

View More Answers

2 Answers | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: Charged with possession after drugs found in car, unaware of presence, urged to cooperate.

I have a clean record and have never been in trouble before. While driving my car with a friend, we were pulled over, and the police found a large amount of drugs in a lock box by her feet. Since it’s my vehicle, I’m being charged with everything she’s charged with, despite having no... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

The man didn't need proof. Your problem is going to be that he provided some information that turned out to be accurate and hemmed you up. He probably provided that information to help himself out, which is the choice you now need to make for yourself against your friend.

If you...
View More

View More Answers

3 Answers | Asked in Real Estate Law, Probate and Tax Law for Michigan on
Q: Can I acquire a Michigan property for back taxes before probate?

I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2025

'Control' is such a non-specific word.

Can you PAY the back taxes to the County/State before then? Yes, but the Estate will retain the right to redeem meaning you won't get the property, you'll only get your money (plus interest) back.

Can you BUY the property...
View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.