Michigan Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
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- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Michigan Questions & Answers
Q: I hold a real estate license and its escrowed with a broker here in michigan . Can I sell my own home FSBO?
David Soble's answer
Yes, you can sell your home on your own. However, Michigan licensing law requires that you DISCLOSE to your buyer that you are a licensed real estate agent. Good luck!
Yes, you can sell your home on your own. However, Michigan licensing law requires that you DISCLOSE to your buyer that you are a licensed real estate agent. Good luck!
Q: We bought our home and paid to have it set up on someone's else property. The man has passed and family trying to evict
Thomas. R. Morris' answer
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your question (and you did not ask a question).
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your question (and you did not ask a question).
Q: Can I get someone to collect on a loan if it was just a verbal agreement?
Thomas. R. Morris' answer
A loan generally does not need to be in writing to be enforceable under Michigan law.
A loan generally does not need to be in writing to be enforceable under Michigan law.
Q: How do I amend a petition?
Timothy Denison's answer
Simply file an amendment with the court on the locally approved amendment form.
Simply file an amendment with the court on the locally approved amendment form.
Q: Want property conveyed as "husband and wife or the survivor", is this not possible in Michigan
Thomas. R. Morris' answer
This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
Q: Death
Trent Harris' answer
I’m sorry to hear this is happening in your family. The disposition of remains is a right reserved to the next of kin under Michigan law. Since your mom and dad appear to have been divorced, your mom did not have rights to dictate the disposition of your father’s remains or keep them. The right to make those decisions belongs to your father’s children - you and your brother. If you and your brother can not agree what to do with the remains, you could file a petition with the probate court...
I’m sorry to hear this is happening in your family. The disposition of remains is a right reserved to the next of kin under Michigan law. Since your mom and dad appear to have been divorced, your mom did not have rights to dictate the disposition of your father’s remains or keep them. The right to make those decisions belongs to your father’s children - you and your brother. If you and your brother can not agree what to do with the remains, you could file a petition with the probate court...
Q: Divorce 2/2018. Ex has rec'd notices re: taxes owed for 15 & 17. he is self employed, i'm not. He says i'm liable.
Neil Colman's answer
What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.
What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.
Q: Question regarding business taxes, amount possibly owed, student loans, garnishment and payment plans
Trent Harris' answer
Estimates without documentation are not good enough for the IRS. You need to work with a tax accountant or CPA to reconstruct some sort of paper trail for your expenses. Otherwise, your eligibility for a student loan is going to be the least of your problems. If the IRS denies your deductions for your business expenses, you are going to end up owing tax on the entire amount of the income, and you will owe the IRS a ton of money you don’t have. Contact a CPA or tax accountant to help get you...
Estimates without documentation are not good enough for the IRS. You need to work with a tax accountant or CPA to reconstruct some sort of paper trail for your expenses. Otherwise, your eligibility for a student loan is going to be the least of your problems. If the IRS denies your deductions for your business expenses, you are going to end up owing tax on the entire amount of the income, and you will owe the IRS a ton of money you don’t have. Contact a CPA or tax accountant to help get you...
Q: Can you be charged for a lawyer that you never used, hired, talked to or had a meeting with?
1 Answer
| Asked
in
Family Law, Collections and Juvenile Law
for
Michigan
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Trent Harris' answer
Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the judgment somewhere. $210 is pretty cheap to avoid having a criminal charge on your record which could prevent you from getting hired for employment, or getting an apartment. You are unlikely to win if...
Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the judgment somewhere. $210 is pretty cheap to avoid having a criminal charge on your record which could prevent you from getting hired for employment, or getting an apartment. You are unlikely to win if...
Q: Does homeowners insurance cover medical bills of friends who get injured on your property, or is there a limitation to
Timur Akpinar's answer
I don't practice in Michigan but your question remains open for 3 weeks. In general, a homeowner's policy should cover medical bills. There can be limitations, such as if a contractor was performing work, the carrier could issue a denial on the grounds that it would be a workers' comp matter. You could check the terms of your policy. If you want to submit the claim and it is denied, you could consult with a Michigan attorney who could advise more meaningfully after reviewing policy.
Tim...
I don't practice in Michigan but your question remains open for 3 weeks. In general, a homeowner's policy should cover medical bills. There can be limitations, such as if a contractor was performing work, the carrier could issue a denial on the grounds that it would be a workers' comp matter. You could check the terms of your policy. If you want to submit the claim and it is denied, you could consult with a Michigan attorney who could advise more meaningfully after reviewing policy.
Tim...
Q: Is there a limit to how long to the police have to give me a drug test once they stop me?
Frank B. Ford's answer
No, there is not a time limit. Any delay can be considered in determining the reliability of the results, but probably not their admissibility. If you don't have an attorney to help you with this situation, get one. Sincerely, Frank B. Ford
No, there is not a time limit. Any delay can be considered in determining the reliability of the results, but probably not their admissibility. If you don't have an attorney to help you with this situation, get one. Sincerely, Frank B. Ford
Q: How do I get appointed administrator of my daughters estate in Michigan but still use Transfer by Affdavit
Trent Harris' answer
You can’t do both either or. To use the affidavit procedure, there can’t have been a probate estate opened, and you are certifying that one isn’t going to be opened. If the insurance co. will accept an Affidavit of Decedent’s Successor for Delivery of Certain Assets, do that. If they won’t accept one, then you’ll need to open an estate but maybe you can close it quickly using summary administration procedures.
As always, you get what you pay for. Be sure to talk to a...
You can’t do both either or. To use the affidavit procedure, there can’t have been a probate estate opened, and you are certifying that one isn’t going to be opened. If the insurance co. will accept an Affidavit of Decedent’s Successor for Delivery of Certain Assets, do that. If they won’t accept one, then you’ll need to open an estate but maybe you can close it quickly using summary administration procedures.
As always, you get what you pay for. Be sure to talk to a...
Q: I need help with a timeshare I signed up for on 11/19/18. I live in MI and was on vacation and Thanksgiving w. family.
David Soble's answer
You would need to have evidence of your documents / copies of the papers and validation of mailing. Additionally, a competent real estate attorney would need to review the timeshare purchase agreement.
You would need to have evidence of your documents / copies of the papers and validation of mailing. Additionally, a competent real estate attorney would need to review the timeshare purchase agreement.
Q: Starting a cannabis processing company in michigan and in search of answers regarding location, laws and licensing.
Brent T. Geers' answer
Join the crowd! With passage of the new law, we are in the midst of a rush. Opening a new business regulated by new and untested laws can be a recipe for disaster. If you do not have experience in this industry, I would highly suggest you talk with operators in other states with similar laws (e.g. Colorado). It will not be easy, and it most likely will cost significant amounts of money to start right.
Join the crowd! With passage of the new law, we are in the midst of a rush. Opening a new business regulated by new and untested laws can be a recipe for disaster. If you do not have experience in this industry, I would highly suggest you talk with operators in other states with similar laws (e.g. Colorado). It will not be easy, and it most likely will cost significant amounts of money to start right.
Q: I recently had the state of michigan take all my money out of a checking and savings account. Leaving me with nothing.
Brent T. Geers' answer
Yes it is legal. The state apparently filed and received a garnishment on your bank account. Whatever was in your account is gone.
Yes it is legal. The state apparently filed and received a garnishment on your bank account. Whatever was in your account is gone.
Q: If I defaulted on a land contract, but seller does not have a land patent, can the seller officially order forfeiture
1 Answer
| Asked
in
Contracts, Mergers & Acquisitions, Patents (Intellectual Property) and Real Estate Law
for
Michigan
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Brent T. Geers' answer
What do you mean by land patent? If the father owned the land (e.g. his name is on the deed), and the son is now enforcing that contract as personal representative of the estate, I see no reason why they cannot foreclosure.
What do you mean by land patent? If the father owned the land (e.g. his name is on the deed), and the son is now enforcing that contract as personal representative of the estate, I see no reason why they cannot foreclosure.
Q: I have a friend of mine that jumped felony probation and he wants to turn himself but he wants to get his GED and trade.
Brent T. Geers' answer
Without knowing more about the underlying case and his history on probation, no one can tell you exactly what he is looking at. He almost assuredly will have the HYTA status revoked, which means that he will have a public felony record.
Without knowing more about the underlying case and his history on probation, no one can tell you exactly what he is looking at. He almost assuredly will have the HYTA status revoked, which means that he will have a public felony record.
Q: what is the title 18 u.s.c jurisdiction act about? Could you explain it more to me?
Gary Kollin's answer
There are too many parameters to advise.
If he is in federal custody he has the ability to conduct legal research
There are too many parameters to advise.
If he is in federal custody he has the ability to conduct legal research
Q: I received a running red light ticket but the name on the ticket is not mine it's the owner of the vehicles do i pay it
Frank B. Ford's answer
You need to contact the police department that issued the ticket, and ask them to dismiss the ticket and re-write it in your name. If you just pay it, the other person will get points on their record that they don't deserve. In being honest about it, you may actually help yourself by getting the police or prosecutor to give you some kind of a break. Do the right thing. Sincerely, Frank B. Ford
You need to contact the police department that issued the ticket, and ask them to dismiss the ticket and re-write it in your name. If you just pay it, the other person will get points on their record that they don't deserve. In being honest about it, you may actually help yourself by getting the police or prosecutor to give you some kind of a break. Do the right thing. Sincerely, Frank B. Ford
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