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Michigan Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: My home buyers reneged on ADT security. Who pays the electrician to remove?
David Soble
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David Soble
answered on Dec 20, 2024

What does your purchase agreement state? If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for 'altering' the premises. However, without seeing your written documents, it is difficult to answer.... View More

1 Answer | Asked in Personal Injury for Michigan on
Q: if I opt out of PIP, am driving my own vehicle and am in an accid can I receive wage loss benefits from the at fault dri

I have no PIP coverage but I have liability insurance. I am in an accident that is not my fault. Can I receive PIP benefits such as wage loss from the at fault drivers insurance company? I have privet health insurance. Does the MACP apply to me?

James Iafrate
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answered on Dec 20, 2024

Hi,

You would still be eligible for wage loss benefits from your auto insurer even though you opted out of medical coverage under your policy. The only exception would be if you were older and opted out of wage loss coverage. Usually this would apply to individuals who are retired and are...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Husband medically unable to work, bio mom able to get insurance can they mandatory make a step parent get insurance MI

My husband is medically unable to work and everything is documented, he always carried insurance on kids but now unable to work and court order did not state who was liable for primary etc. so kids were added to mine until we got clarification as I’m the step parent.

We went to referee... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My husband was extradited to michigan for non payment of child support.Can he be released without prison time.

My husband was never served court papers. The original child support case is closed.His son is now 20 years old. I am assuming the AG Opened a new case because the state is owed from the other parent owing for county assistance. I don't know how to prove that he was never served. According to... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can I have the power company run underground wire,down a private road/easement to our land?

We are allowed to use this easement, just need to know if I need to ask the owners permission to move forward with the power company

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 17, 2024

Is your easement for ingress only or does it include the ability to site utilities? Without seeing the easement and knowing where you are it is impossible to provide a real answer, but a local lawyer can look at this quickly and let you know if you bring him all the paperwork.

Bottom line...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My husband Is currently being extradited from Arizona to Michigan for non payment of child support errears.

His son is an adult now.I know that does not matter.However, he has never been served any type of court papers. He hasn't been in Michigan since 2006. Case was filed 2007. How Can he get it dismissed and return home to arizona.

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2024

He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge... View More

1 Answer | Asked in Products Liability and Civil Litigation for Michigan on
Q: What are the steps that can be taken if a minor is sold liquor from a store and damages a vehicle?

They asked for no id and the minor crashed their parents car n damaged it. They also refused to give the parents the owners information

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2024

I'm unsure two wrongs make a right here for you as the parents. The store is wrong for selling liquor without carding (assuming they did not in fact card the minor; how would you know that to be a fact?). The minor is also wrong for making the purchase.

More to the point, I think you...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: As the seller, can I renege on the Purchase Agreement?

I'm unable to locate new housing. Also, addendum on contract for me to pay 4% of buyer's closing costs.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 12, 2024

Not being able to find new housing, unless that was a contingency in the offer you accepted, is not a reason to stop the sale.

A costly addendum YOU AGREED TO (did you agree?) also is not a reason to stop the sale.

What did your attorney say when reviewing the offer? What...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: As the seller, can I renege on the Purchase Agreement?

I'm unable to locate new housing. Also, addendum on contract for me to pay 4% of buyer's closing costs.

David Soble
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David Soble
answered on Dec 13, 2024

The agreement itself describes your rights under your purchase agreement, whether you are the seller or the buyer. If the agreement has proper provisions for sellers to withdraw, you may be able to do so. You also will need to look at the legal remedies available to the opposing side should you... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: Is my friend able to get criminally in trouble for this?

So my friend was hanging out with another one of his buddies. We'll say Friend 1 and Friend 2. Friend 1 texted friend 2 and asked him to hangout, and he said yes. Friend 1 got in the car of Friend 2, and he started driving to the bank. Friend 1 asked, why are you going to the bank? Friend 2... View More

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2024

Under the facts as you present them, probably not. The question is what did Friend 1 actually do? It doesn't sound like he would even know whether a deal went down in the time he was out of the car.

Where Friend 1 would get in trouble is when police get Friend 2 and say "we know...
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1 Answer | Asked in Personal Injury for Michigan on
Q: If you're injured at someone's home and they don't want to share their insurance information, how can you get it?

I broke my foot while caring for a mentally disabled young adult. He was my employer but his parents own the home. Employer does not own the home, his parents do. Therefore, I wouldn't be suing an employer. I did receive workman's comp while I was off work and was not able to return to... View More

Michael J. Mandelbrot
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Michael J. Mandelbrot pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024

Hi - the easiest way is to sue them first and then request the insurance information in discovery. Trust also that insurance companies often fight to deny coverage. So there are actually 2 questions - 1) Is there Insurance and 2) Is the insurance company handling the defense. Once you sue them,... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I regain ownership of the property through a quiet title lawsuit?

Hello,

I am a resident of a country other than the United States.

My real estate agent transferred my property in Michigan free of charge (quit claim deed) to his company without my consent and with a forged signature. He then sold it to a third party.

My real estate agent,... View More

Anthony M. Avery
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answered on Dec 9, 2024

You will need a competent MI attorney to search the title and sue all parties involved as they will be indispensable by law. You should have the advantage of filing where the real property lies (MI). Expect to have to appear in Court, Depositions, etc. If you win, you need the Judgment to... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: can I contact an inventor of a patent?

I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?

Sean Goodwin
Sean Goodwin
answered on Dec 8, 2024

Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.

If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the...
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1 Answer | Asked in Criminal Law for Michigan on
Q: How to support the dismissal of (2) domestic assault charges with prejudice?

How to support the dismissal of (2) domestic assault charges with prejudice?

We have a case of 2 domestic assaults that went to trial. One of the accusers (witness) was not served a subpoena and did not show to the trial. The prosecutor discovered that the subpoena was sent to the wrong... View More

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2024

I'm not sure you'll get a dismissal with prejudice under these facts. But I'm also not sure why the prosecutor relied on email to serve this subpoena....it seems to me the judge should be having some words with the prosecutor about going through voir dire without confirming service.... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I recently rented a car at enterprise . I knowingly allowed my friend to drive the car . The car was then stole from him

And I opted out to have the insurance when signing the contract . There is a criminal investigation taking place as we speak . The car was recovered as it was in a while speed chase after a supposed shooting incident . What can happen to me if I don’t tell the police who had my car ? Am I at fault ?

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2024

Here's the thing: ordinarily, intervening criminal activity (e.g., the car being stolen) would relieve you of liability for damages. However, when you rent a car, you are signing a contract making you responsible for that car. When you let someone else use the car, Enterprise will likely hold... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: What should the purchase price be on a new deed for a house that I inherited?

I inherited a house from my mom. She was unmarried and I am the only benificary of her estate. I have gone through probate and am the legal representative of her estate. I want to transfer the ownership of her house to my name. I have drafted a deed but am not sure what I should put as the purchase... View More

Anthony M. Avery
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answered on Dec 6, 2024

You want the highest stepped up in value you can get to lower your potential capital gains upon you selling it later. However the higher the value, the more property taxes each year. You might start by looking at the tax appraisal value. Comparable sales will probably be higher than what the... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: What should the purchase price be on a new deed for a house that I inherited?

I inherited a house from my mom. She was unmarried and I am the only benificary of her estate. I have gone through probate and am the legal representative of her estate. I want to transfer the ownership of her house to my name. I have drafted a deed but am not sure what I should put as the purchase... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 6, 2024

Michigan has very specific rules about taxable values in inherited properties that are not something out of state lawyers (or most lay people!) will understand or know about.

Have a MICHIGAN attorney, preferably in the county where the property is located, draft the deed for you, and...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Hi, question regarding false claims on property size.

Hi, we bought a home in Troy, MI a few months ago. The seller and sellers agent listed the home as having 2,540 sq ft. After we bought it, we had some work done and the home only has 1,901 sq ft., that is 327 sq ft less than we were told. We paid $257.76 per sq ft x the 327 equals $84.287.56 for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2024

First of all, given the facts you state, that is 639 square feet less than 'advertised'.

BUT even with that said, there are two things 'working against you'.

Did the sellers 'hide' that 'defect' from you in some way? No -- you had the...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to find out why oneself is in Law Enforcement Information Network?

How does one find out if the information about them in Law Enforcement Information Network (LEIN) is accurate?

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2024

There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.

Think of it like a credit report: Just like Equifax or whichever credit reporting agency...
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