Michigan Questions & Answers

Q: I have a brother who is 86 yrs old and has dementia.

1 Answer | Asked in Probate for Michigan on
Answered on Oct 20, 2018
Trent Harris' answer
No, you wouldn’t be personally responsible for the protected individual’s debts unless you co-signed for him, signed a personal guarantee, or you signed him up for financial obligations knowing he couldn’t pay (fraud). If you mismanage the protected person’s money, you could be liable to him or his estate.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation, before choosing to rely on information you get from Internet...

Q: How many times a day are debt collectors legally allowed to call my home?

2 Answers | Asked in Collections for Michigan on
Answered on Oct 18, 2018
Trent Harris' answer
There is no fixed limit, but a debt collector is not permitted to call you so often that it constitutes harassment. For more information, see here:

https://www.consumerfinance.gov/ask-cfpb/is-there-a-limit-to-how-many-times-a-debt-collector-can-call-me-en-1397/

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific circumstances, before choosing to rely on information you get from internet discussion boards such as this one.

Q: i really feal that my rights have been violated and the whole reason behind this is because of first my car was stolen

1 Answer | Asked in Civil Rights for Michigan on
Answered on Oct 16, 2018
Gary Kollin's answer
Perhaps you can edit your question into separate sentences starting with a capital and ending with a period or a question mark. No one will call off this site

Q: Mom took a phone away and won't give it back, and it was a gift to me?

1 Answer | Asked in Family Law, Child Support, Civil Rights and Constitutional Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Sounds like there is some family dynamic issues going on that you should discuss with your mom. Aside from that, your mom is well within her right to take the phone away. Her house, her rules. If you are 18, or something like this happens after you turn 18, you could take the phone, leave, and find your own place to live.

Q: How can the court take my minor child

1 Answer | Asked in Criminal Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
If your son is in a detention facility, then he is accused of committing a crime or offense against the juvenile code. He will remain there either because of his behavior or because of the home situation. You should consult with your son's attorney or probation officer about what needs to happen for him to return home. They will both tell you though, as will the judge, that the court can keep him in detention.

Q: How can the court tell a parent they can not home school there child

1 Answer | Asked in Juvenile Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Courts make decisions concerning minor children based on the 12 Best Interest of the Child factors. If a court determines that a parent's home school plan is contrary to the child's best interest, it can order the parents to place the child in a different educational environment. In the case where the parents are not together, the parent who refuses could end up losing legal custody - meaning that the other parent would be legally able to make all decisions concerning the child.

Q: I make 927 a month disability, I need a divorce lawyer.

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Your first call in the morning should be to your local legal aid office. You may be eligible for an attorney to represent you for free.

Depending on the specific facts of your case, getting a portion of his pension and the house equity is standard.

Q: What to do if someone lies about an assault charge against you? Invest is set for Tues. My friend needs help quickly.

1 Answer | Asked in Criminal Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Your friend is criminally charged with a fairly serious offense. The prosecutor, in the interim, must prove that it's more likely than not (51% versus 49%) 1) that a crime occurred, and 2) your friend had something to do with it; ultimately, the prosecutor would need to prove beyond a reasonable doubt that your friend committed this crime.

Your friend has nothing to prove. He has the absolute right to demand a trial and for the prosecution to prove their case. He should do this in...

Q: My ex filed a false report on me -- it affected my employment -- can I sue her - is this considered a personal injury?

1 Answer | Asked in Personal Injury for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Possibly, BUT...allegations made in a police report are not false simply because the prosecutor elects not to issue criminal charges, criminal charges are dismissed or plead down, or the defendant prevails at trial.

Unless your ex was criminally charged with filing a false police report, and was convicted, you would need to initial a civil lawsuit and prove that her statements were intentionally false.

Q: Will I be able to use an emergency situation defense?

1 Answer | Asked in Traffic Tickets for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Your boyfriend is fortunate that all he received was a speeding citation; he could have received criminal charges. Given the circumstances, though, and the fact that he wasn't criminally charged, it may be worth his while to obtain local counsel and request a formal hearing on the citation to see what can be worked out.

Q: I have 14 and 18 year old children I move into my own apartment to get away from my wife so that I can start the divorce

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Short answer: no. You may have an issue if you would ask for exclusive use of the marital home, but otherwise, you appear financially and emotionally engaged.

Q: What's the difference between a healthcare directive and a power of attorney?

1 Answer | Asked in Estate Planning for Michigan on
Answered on Oct 13, 2018
Trent Harris' answer
A healthcare directive gives someone else the power to make medical decisions for you when you are unable to do so for yourself. In Michigan, it’s called a Patient Advocate Designation.

On the other hand, a power of attorney gives someone else the power to make financial decisions for you, whether you are unable to do so for yourself (durable springing power) or you are able, but want the other person to have the power too (concurrent non-springing power).

As always, you get...

Q: Is there a "best" time of year to file for bankruptcy?

2 Answers | Asked in Bankruptcy for Michigan on
Answered on Oct 12, 2018
Thomas. R. Morris' answer
Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.

Q: What kind of hoops do we have to jump

1 Answer | Asked in Probate for Michigan on
Answered on Oct 12, 2018
Trent Harris' answer
If you are only a friend, and not a creditor, heir, or devisee, then you would have no standing to receive any property from that estate. But maybe you could buy it if the county public administrator was willing to open up an estate for the heir-less decedent.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation, before choosing to rely on information you get from Internet discussion boards, such as this one.

Q: My son is 15 being charged with resisting arrest and disorderly,tested positive for marijuana

2 Answers | Asked in Criminal Law for Michigan on
Answered on Oct 11, 2018
Adam Alexander's answer
More facts are required to provide you with an accurate answer. I urge you to retain a lawyer to defend your son as soon as possible. I suggest you find a lawyer who regularly practices in the court where the charges were brought.

Q: I was offered a job on the premise it was a full time permanent position.A week after I was working there, I was told no

1 Answer | Asked in Employment Law for Michigan on
Answered on Oct 10, 2018
Trent Harris' answer
It sounds like you are saying you were hired with the understanding you would be a full-time employee, but once hired they are only giving you part-time work. The term “contractor” means the tax status of your work (i.e. whether you are paid on a W-2 with withholdings held back from your paycheck on the one hand, or a Form 1099 with no withholding). Based on what you said about the employer’s control and supervision over your work, it sounds like you are clearly an employee, not a...

Q: I want to know if a hotel owner is responsible for reimbursement of belongings after hotel fire?

1 Answer | Asked in Uncategorized for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
Possibly not. Most insurance policies cover the hotel's building and facilities, and medical expenses for guests as the result of the incident. Have you tried filing a claim with your insurance carrier?

Q: How serious is it to hack and install spy software on someones phone for a first time offender?

2 Answers | Asked in Criminal Law for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
If you have been charged with this, you'll need to consult with a lawyer about what you're looking at. If you're looking for criminal charges on someone else who did this to you, file a report with your local police department, and let them and the prosecutor's office handle it. If you are contemplating doing this, don't! There is a whole host of criminal charges and penalties that could result. Whatever information you'll be able to discover is not worth the price you'll pay.

Q: is it possible for me to take collection actions myself against my ex who owes me back child support or can only the FOC

1 Answer | Asked in Child Support for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
If the case is with the FOC, then they will do the collecting. They have more resources and power then you would civilly anyway.

Q: Got denied visits for minor misconduct

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
It sounds like the MDOC is using subsequent misconduct to deny restoration of visiting privileges. That is very different from an initial determination. In a nutshell, they are saying "our policy wouldn't allow us to take away visitations for this latest ticket, but because of this latest ticket, we're not restoring visitation".

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