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Michigan Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Michigan on
Q: Can I get a new claim representative if the one I have is being difficult to work with
Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

You could ask for one if there is something very acrimonious in the chemistry in your working relationship. But for the most part, the role of a claim rep is adversarial to the claimant. The claim rep is not there to be a mentor or friend. Claim reps are highly intelligent, analytical, and... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: How long can my children and I continue To live my grandmothers home when no will or trust was filed?

My kids and I moved in with my grandmother 4 years ago so she could stay at home instead of a nursing home. We split expenses I was her 24/7 caregiver and companion. Grandma told our family she wanted me to have the house But she passed but died before she could make a will.

its only been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2019

If none of your grandma's heirs at law complain, you are not at any immediate risk of being ejected. Her heirs at law are most likely her living children plus the children of any deceased children, so unless your parent that was your grandma's child is deceased, you are not an heir at law.... Read more »

1 Answer | Asked in Insurance Bad Faith for Michigan on
Q: I purchased a car from a reputable dealership which connected me to an insurance agent. The policy was fake. What next?

The sales rep at the dealership called an insurance agent for me, I've been paying for insurance but i don't have a real policy.

Tim Akpinar
Tim Akpinar answered on Oct 18, 2019

A Michigan attorney could answer best, but your post remains open for four weeks. Contact the agent. Any licensed, reputable agent would take urgent steps to correct the matter. If there will be problems in setting up coverage with them, seek alternate insurance. By now, you've probably already... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Ok can my grandson Legally leave home at the age of 18 in the state of Alabama. And move to another state. Please answe.
Brent T. Geers
Brent T. Geers answered on Oct 17, 2019

You've posted this question in a Michigan forum, but I surmise that the answer will be the same regardless of state. Assuming that your grandson is otherwise competent (i.e. not cognitively or otherwise impaired), he is an adult at 18 and can move where he wants.

1 Answer | Asked in Criminal Law for Michigan on
Q: need I formation about running away of felony probation of delivery and manufacturing of narcotics less than 50g or less

Did complete my 2 yr. Drug court program for my felony probation but I still had fines to pay but found out I had the controlled buy done on me and I ran because I was scared I would go away for a long time and not see my family. How long will I get in prison if I go back and turn myself in I have... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

You will be sentenced on your probation violation, with your original sentencing guidelines used for a good estimate. Additionally, you are likely facing a new charge, and points will be assessed for picking up this new charge while on probation in the sentencing guidelines. Without knowing more... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: We have a grandson in valley Alabama. He will.be 18 .January 1st .his mother left Michigan with 3kids.my son and her

Have joint custody .she wasn't Supposed to not move 100 miles away. She did with out a court order. any his son found his dad and wants to come home. Would like to know if he can go and get him and bring him home. Please answer this question thank you grandma. Ps.the mother hasn't contacted the... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

As you might imagine, your son will need a court order. It is certainly possible to obtain, and in fact the mother could have a lot of answer for.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I am currently pregnant can I be denied short-term disability from FMLA? I’m due in two months.

I am having severe back pain and some other issues I have written out paperwork of my doctor approving this leave. The woman that I am working with as my case manager is telling me that is not good enough I am going to physical therapy twice a week for it.

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

FMLA and disability are two distinct things. You can qualify for FMLA leave and benefits, but not disability, and vice versa.

1 Answer | Asked in Child Support for Michigan on
Q: I submitted a request for child support in March 2019 in Michigan. Still no word. Do I need a lawyer? Thanks. A Mom.

Currently the MI website says "Your application for this case is being processed. The Ask a Question feature will become available to you once the application reaches the Prosecuting Attorney." How do I find out what is going on? How long does it take? Getting very low on funds. Any help is... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Has paternity been established? If not, that could explain the delay.

2 Answers | Asked in Tax Law for Michigan on
Q: As an income tax preparer in which I run my own business, I am being asked by a client of mine to cover the additional

property taxes that are being assessed for the past 3 years since the state denied his homestead exemption on his residence. He is married and his wife and he have lived in separate homes the past 3 years. He claims that I should have known to file them each "married filing separately" in order... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Doubtful, but you should really check with your insurance carrier and any ethics or licensing board to whom you have reporting obligations. Now if the client told you he specifically wanted to file married filing separately, and you didn't do that, that may lead to a different outcome.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My lease provides internet but I've only gotten a shared password from the landlords house next door and it barely works

It's been 6 weeks. Can I buy my own internet and deduct it?

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Unlikely. You do have Internet access - not exactly blazing fast Internet. You can buy your own, but it would be on your own dime. Unless the landlord made some affirmative assurances about the Internet (i.e. "always on", or a certain speed), there's not much that can be done.

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1 Answer | Asked in Banking for Michigan on
Q: Can I sue Bank of America for my account being hacked?

I received a Security emal alert from Bank of America back in August stating that fraudulent activity was noticed on my account and that my account had been closed. I contacted the bank and was informed that ATM deposits that were being conducted in Texas (I live in Michigan) were fraudulent. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

There are several ways to rectify this increasingly common situation--all of which require assistance of an experienced lawyer who understands Banking Law and class action litigation. I advise you to use the Find A Lawyer tab at the top of the page and contact an experienced Banking Lawyer.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord sue for eviction within 2 weeks? I thought you had to be 30 days past due?
Brent T. Geers
Brent T. Geers answered on Oct 14, 2019

The landlord can start eviction proceedings anytime you are late. However, that triggers a right to cure. In other words, if you pay, than the proceeding stop.

If you are chronically late, or if there are other lease violations, the landlord can give you a 30 day notice to quit. And for...
Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: A contractor was paid 147k to repair my home after a fire it is literally falling apart he refuses to return

My cieling is falling in carpet coming up doors have fallen off the hinges leaks in plumbing electrical problems just to name a few

Adam Alexander
Adam Alexander answered on Oct 14, 2019

Is your home habitable? I suggest you obtain an estimate to repair what the contractor failed or refused to repair. Then, seek legal counsel.

1 Answer | Asked in Probate for Michigan on
Q: Can I become representative over my kids estate? How can I be over my kids trust funds

My kids dad died and we was not married my kids is listed as his beneficiary but his dad got representative over my kids estate and won’t give me any information about amounts he also over they trust funds. I haven’t been notified by probate court or I never receive the letter that they granted... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

it sounds like the children’s father had a trust or will that named someone else to manage the children’s inheritance. It would be very difficult to change that. You would have to prove that the person he named is not qualified or unsuitable and even if you succeeded it would go to the named... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: My wife and I have live at the same address for 27 years. Both of our names have been on the deed since 2003.

We have been talking about getting a divorce and she maintains that because the property was deeded to her prior to our marriage, I have no rights to it. What are my rights, please?

Thank you.

mr

Neil Colman
Neil Colman answered on Oct 12, 2019

I would have to say that after 27 years of marriage, she's not going to receive the home as her sole and separate property. Whatever you do, I strongly urge you to retain the services of an experienced and knowledgeable family law attorney, especially in light of the comments she's made. Unless it... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Both of my children now over 18. Ex owes over $26,000 in back child support. FOC no help. How do I collect?
Brent T. Geers
Brent T. Geers answered on Oct 11, 2019

This is a tough one, but I believe your now-adult children would need to sue. Child support is for the child's benefit, not the other parent, and so they would (likely) be the proper plaintiffs.

1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many things like... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: How long do you have to be married to qualify for a spouses 401K in a divorce?
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

There is no time requirement, but when making an equitable division of assets (and debts), we're looking toward what is considered the marital estate - meaning anything acquired or accumulated during the marriage. In the case of a retirement account, what may be relevant is what contributions were... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Hello, my husband is on probation till November 21 I heard that the court could take him out of probation.
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

Probation officer can ask the court to release him from probation. Whether the probation officer would be willing to make that ask, and whether the judge would agree, depends on the circumstances.

1 Answer | Asked in Consumer Law for Michigan on
Q: Married woman resident of Missouri try to check in local motel against Missouri law?

Married couple with three kids resident could not check in because of prostitution law

Trent Harris
Trent Harris answered on Oct 7, 2019

This discussion board is for consumer law in the state of Michigan, under Michigan law. Your question is about Missouri, and should be answered by someone who is licensed as an attorney in Missouri for Missouri law. I recommend you re-post your question to a discussion board for Missouri law.... Read more »

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