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Michigan Questions & Answers
1 Answer | Asked in Domestic Violence for Michigan on
Q: Court tomorrow for domestic violence NEED ADVICE

Last year same exact thing happened but she didn’t show up so it got dismissed. So this is technically second one and it’s vs the state not her…. Should I take plea deal for probation or go to trial?? I know she will not show up if so but since it’s vs the state idk! Please help it’s... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

While this answer may be a little late for you, it's worth answering for anyone else in a similar situation.

The decision to go to trial is yours alone, and should be based on the strengths and weaknesses of your case and explained by your lawyer. It's foolish to go to trial...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a law where when u are arrested, That u have to be mirandized, before being charged with a crime

I was on picked up on a warrant that was issued for me that morning and picked up from work, and was never actually read my right until pretrial

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.

Only because of TV and movies do we believe the police need to...
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1 Answer | Asked in Probate for Michigan on
Q: No will.

No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 30, 2022

With land in MI, her Heirs take, which will be her issue surviving and her surviving Spouse, all as Tenants In Common. Hire a MI attorney to search the Title, determine Heirs and record an Affidavit of Heirship, unless there is a Probate. The former will be the Heirs' recorded source of title.

1 Answer | Asked in Estate Planning for Michigan on
Q: How can I get proof my brother and sister have poa and are trustees for her trust for my mother.

I have asked to see them but they have refused to show the documents to me

Trent Harris
Trent Harris
answered on Sep 30, 2022

Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt can they force us

A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt out can they force us to pay using the township to collect the tax?

They said if they get 51% of lake property owners to join the other 49% would have no choice ad our Township would... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 29, 2022

What does your deed say about a property owners association? Unless it existed at the time you bought, or existed when a single person/entity owned the land before subdividing the land, I don't see how you can be FORCED into joining an association.

Without seeing all the paperwork...
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1 Answer | Asked in Libel & Slander for Michigan on
Q: Is there libel to place an opinion in a police report like "he is an antisocial person, who hates cops!"

If an officer takes a complaint should the complainants opinions be included in the report?

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2022

There is nothing wrong with it. A police report is not evidence; it is simply a summation of information police received. If the complaintant said that, it's proper for the police to report it. A trial will determine whether that statement is relevant and admissible.

1 Answer | Asked in Libel & Slander for Michigan on
Q: What could I do about my fiance being slandering with false allegations on social media?

Hello. I am 19 and my fiance is 21, and we're dealing with an issue. My mother and father are posting about me being missing and my fiance being a human trafficker when it's 100% false. My fiance is visually impaired and walks with a walker, and makes motivational content. My mother... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Not much you can do. For one thing, if the slander is directed toward your fiance, then only he has standing to do anything about it; you can't do it for him. And it's questionable whether what your mother is saying is libel or slander. There is very much a difference between an opinion... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can a plaintiff use duress if they signed a workers compensation settlement based on a government agency negligence

Plantiff signed a contract because a government agency did a faulty investigation. Can Plantiff use duress to void the contract?

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Unlikely. Plaintiff had an opportunity to challenge the investigation before entering into the settlement.

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Michigan on
Q: Can a person with a 24 year old Felony work in a store, Walmart, that sells guns??

I am in Michigan and was convicted of a felony in 1998. Great bodily harm less than murder. I know that it is up to the individual companies, but wondering if there is any law, state or federal , that would prevent me from working there.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Working there? I don't think so. Probably not in the gun section. You should look into, at the very least, restoring your gun rights, though.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiances case files says closed all counts have been sentenced but his probation guy is trying to charge him with

Another violation and give him more time is this legal? And how can we fight this? He was sentenced 09/09/22 and he's had 3 more court dates that they keep pushing back now it's 10/06/22. They also give no paperwork to his attorney before court but want them to take the sentence and told... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Sounds like a probation violation, which can happen. He needs to stay in close contact with his attorney, who will be in contact with his probation agent.

1 Answer | Asked in Employment Law for Michigan on
Q: is it legal for a company to change your pay date in the middle of the pay period without notice?

normally i work thursday-sunday and get paid that monday. this past friday we found out (literally overheard the managers) that payroll was going to be messed up and we weren’t getting paid monday. my managers/HR/owner has not said ANYTHING about how or when we will be paid. other than “if you... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 28, 2022

This will likely depend on the length of the delay in receiving the payment. Generally, employers can change their payroll schedule without notice (ex. changing pay date from Mondays to Fridays), but there may be payment deadlines imposed by Michigan state law that your employer cannot exceed.

2 Answers | Asked in Probate for Michigan on
Q: No will. My mother is deceased. She has been remarried for 9 years. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Sep 27, 2022

According to Michigan’s rules of intestate succession (when someone dies without a will), as of 2021, the surviving spouse inherits the first $243,000 plus 3/4th of the value of the remaining assets. In short, assuming the market value of the house is $243,000 or less, the house solely belongs to... Read more »

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1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: Will I go to jail right away when I turn myself in for a DV charge with no bond set? My fiance was the aggressor.

I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2022

Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.

2 Answers | Asked in Probate and Family Law for Michigan on
Q: How do I stop a legal guardianship on an adult?

My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Sep 27, 2022

Hi. It looks like you’re in Virginia so the law may differ from Michigan’s where I practice. However, generally, consent is not required from all interested parties. Yet, as an interested party, you do have the legal right to object to your sister’s appointment as guardian if you believe she... Read more »

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Family Law for Michigan on
Q: Currently get my children every other weekend just found out the father passed away.

Unsure what to do father passed away. The family is now withholding my children from me even though it’s my weekend to pick up. I called the local authorities and they stated that the family members can still withhold my children from me even if father is dead and that is a family matter and I... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

Go to the family court tomorrow (Monday) or as soon as you can. The result will depend on if you have legal custody.

1 Answer | Asked in Uncategorized for Michigan on
Q: How to get people to leave your house

They have been here 2-1/2 weeks. It appears they are professional squatters. Do they have any legal rights to stay?and what steps should I take?

Brent T. Geers
Brent T. Geers
answered on Sep 22, 2022

Did you allow them in or did they trespass to gain entry? The answer to that will determine your route forward.

3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors required for a person who dies who has ONLY a Trust and no will on file at probate court?

My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Sep 22, 2022

Short answer is no. If she has no assets to be probated , and no will to be admitted, there’s no need to open an probate estate in the court. Absent opening an estate in probate court, there’s no legal requirement to publish notice to creditors as they can only file claims against probate assets.

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