Michigan Questions & Answers by Practice Area
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Michigan Questions & Answers
Q: House in my name and mothers after dementia brother got house whose house is it
David Soble's answer
Well that depends if your mother had deeded the property over to your brother before she had dementia. If there are no documents that speak to a conveyance, (deed or lease) then you need to seek counsel of a real estate attorney.
Well that depends if your mother had deeded the property over to your brother before she had dementia. If there are no documents that speak to a conveyance, (deed or lease) then you need to seek counsel of a real estate attorney.
Q: Must the security deposit be returned 30 days after you move out (turned in your keys) or 30 days after the lease ends?
Salim U. Shaikh's answer
Depends how your lease interpret it. Generally, SD has to be refunded 30-days after a tenant move out, leaving his address, bank account details, contact number with LL.
Depends how your lease interpret it. Generally, SD has to be refunded 30-days after a tenant move out, leaving his address, bank account details, contact number with LL.
Q: Is it going to be okay if I get married to a US citizen if my visa has already expired?
Carl Shusterman's answer
Yes, your US citizen spouse can sponsor you for a green card and you can adjust your status to permanent resident without having to leave the US.
Yes, your US citizen spouse can sponsor you for a green card and you can adjust your status to permanent resident without having to leave the US.
Q: Ad for property said 426x215 but would be redrawn to 500x250. After PA, lines are surveyed at 395x220. What now?
David Soble's answer
So the legal description / lot size was misrepresented in the home listing. Unless you made the listing document itself as part of the purchase agreement, it cannot be relied upon and the seller is not liable to you for the stated lot size. You did your due diligence by having the property surveyed. There should be a contingency period in which you can either move forward or cancel the transaction. You should also have your earnest money returned or if you determine if the price is...
So the legal description / lot size was misrepresented in the home listing. Unless you made the listing document itself as part of the purchase agreement, it cannot be relied upon and the seller is not liable to you for the stated lot size. You did your due diligence by having the property surveyed. There should be a contingency period in which you can either move forward or cancel the transaction. You should also have your earnest money returned or if you determine if the price is...
Q: Can I define a rental properties' boundary with fence posts, if we want the yard smaller than actual whole property?
David Soble's answer
Sounds as if you should have defined the useable outside living space in the lease. Generally speaking, when you leased the address it is assumed that the entire address and corresponding legal description is part of the leasehold. A real estate attorney would need to review your lease to be more specific.
Sounds as if you should have defined the useable outside living space in the lease. Generally speaking, when you leased the address it is assumed that the entire address and corresponding legal description is part of the leasehold. A real estate attorney would need to review your lease to be more specific.
Q: bought home on land contract all paid been waiting for the lawyer to give me a clear deed its been almost two years
David Soble's answer
Something is not right. If you have a copy of the land contract, please have a real estate attorney review.
Something is not right. If you have a copy of the land contract, please have a real estate attorney review.
Q: I have been waiting for a lawyer to give me a clear title its been almost two years
David Soble's answer
Well, 2 years is too long. What more of this fact pattern am I missing here? You would need to provide a copy of the land contract for a real estate attorney to review. See www.Provenresource.com/landcontract
Well, 2 years is too long. What more of this fact pattern am I missing here? You would need to provide a copy of the land contract for a real estate attorney to review. See www.Provenresource.com/landcontract
Q: We had a purchase agreement on a house. If the closing did not happen by the date listed the agreement was expired.
David Soble's answer
You would have to produce copies of your purchase agreement for review with a real estate attorney as there are usually provisions addressing a "final walk through," written notice to offending party of dissatisfaction etc. Suing for specific performance is an equitable action that requires that the moving party is also in compliance with not only the legal provisions of the contract, but the overall 'spirit' of the contract.
You would have to produce copies of your purchase agreement for review with a real estate attorney as there are usually provisions addressing a "final walk through," written notice to offending party of dissatisfaction etc. Suing for specific performance is an equitable action that requires that the moving party is also in compliance with not only the legal provisions of the contract, but the overall 'spirit' of the contract.
Q: I live in MI and am married. If I file chapter 7, am on the title but not the mortgage, will it affect my spouse?
Mark Bredow's answer
Your question is complicated. In a Chapter 7 case, a Trustee is appointed. The Trustee's purpose is to sell any of your assets that he/she can, including a house or land. Whether or not the Trustee can sell your property is a complicated legal question. It cannot be answered without a in-depth review of how the property is titled, the value of the property, the amount owed on the mortgage. It's possible that the Trustee could sell your house, even if your husband objected. On the other...
Your question is complicated. In a Chapter 7 case, a Trustee is appointed. The Trustee's purpose is to sell any of your assets that he/she can, including a house or land. Whether or not the Trustee can sell your property is a complicated legal question. It cannot be answered without a in-depth review of how the property is titled, the value of the property, the amount owed on the mortgage. It's possible that the Trustee could sell your house, even if your husband objected. On the other...
Q: I heard something about filing for an emergency bankruptcy. Does that mean the process is sped up under certain
Mark Bredow's answer
No. An Emergency Bankruptcy refers to the quick filing of the case to stop a foreclosure or other imminent creditor actions. The documents that are filed in and emergency case are very minimal, only the bare minimum of documents and information is filed, just enough to start the bankruptcy case and obtain the protections of the Automatic Stay.
In an "normal" bankruptcy case, a full petition is filed which is made up of 12 or 13 very detailed documents filed with the Court, including...
No. An Emergency Bankruptcy refers to the quick filing of the case to stop a foreclosure or other imminent creditor actions. The documents that are filed in and emergency case are very minimal, only the bare minimum of documents and information is filed, just enough to start the bankruptcy case and obtain the protections of the Automatic Stay.
In an "normal" bankruptcy case, a full petition is filed which is made up of 12 or 13 very detailed documents filed with the Court, including...
Q: Im facing a OWI charge and I have CDL-A I was inside my personal car I have no record i want to keep cdla
Frank B. Ford's answer
I'm not quite sure what your question is, but I can tell you that if you receive a conviction for a drinking and driving offense, you will lose your CDL for a year. Your best route is to get an attorney who handles OWI charges as the main part of their practice, and let the attorney see what can be done to try to save your CDL. Sincerely, Frank B. Ford
I'm not quite sure what your question is, but I can tell you that if you receive a conviction for a drinking and driving offense, you will lose your CDL for a year. Your best route is to get an attorney who handles OWI charges as the main part of their practice, and let the attorney see what can be done to try to save your CDL. Sincerely, Frank B. Ford
Q: Can I keep a vehicle that is in my name in lieu of Vacation, Back, & Commission Pay after leaving a company?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
Michigan
on
Answered on Jun 10, 2018
Answered on Jun 10, 2018
Salim U. Shaikh's answer
First of all you must make a claim of your outstanding amounts on account of commission and paid vacation as granted by your manager, etc. In lieu thereof, you may categorically inform them of withholding vehicle till all your dues are cleared.
First of all you must make a claim of your outstanding amounts on account of commission and paid vacation as granted by your manager, etc. In lieu thereof, you may categorically inform them of withholding vehicle till all your dues are cleared.
Q: Why does Fidgetland Rizzle go to Shark Tank without a patent?
Peter D. Mlynek's answer
I've seen a few of the Shark Tank episodes, but unfortunately not one with a fidget toy. Let me try to answer as much as I can though.
As you know, for Sharks having a patent (or filed a patent application), is important for some products. But not for all products or companies.
There are generally two reasons why a company, any company, does not have a patent. Either the company cannot get a patent on the product that they are producing, and/or patents are not that...
I've seen a few of the Shark Tank episodes, but unfortunately not one with a fidget toy. Let me try to answer as much as I can though.
As you know, for Sharks having a patent (or filed a patent application), is important for some products. But not for all products or companies.
There are generally two reasons why a company, any company, does not have a patent. Either the company cannot get a patent on the product that they are producing, and/or patents are not that...
Q: How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood.
2 Answers
| Asked
in
Copyright, Intellectual Property and Patents
for
Michigan
on
Answered on Jun 10, 2018
Answered on Jun 10, 2018
Peter D. Mlynek's answer
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?
The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something in the claims that seems totally unimportant when you read the claim, that actually makes the new product patentable over the old. This improvement does not have to be very drastic or really all that...
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?
The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something in the claims that seems totally unimportant when you read the claim, that actually makes the new product patentable over the old. This improvement does not have to be very drastic or really all that...
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.
2 Answers
| Asked
in
Copyright, Intellectual Property and Trademark
for
Michigan
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
John Espinosa's answer
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Q: How soon after a death will the probate process start? Is there any way to delay it?
Kenneth V Zichi's answer
There is no 'hard and fast' deadline, and how long things take to start depends a LOT on what there is to do. Delaying is rarely a good idea however, and you should consult with a local probate attorney to get real advice on what is appropriate for your case and why you need to do what you need to do!
Don't be afraid of this, but you DO need answers, and that will require hiring or at least consulting with a local attorney. Use the find a lawyer tab here to locate someone nearby...
There is no 'hard and fast' deadline, and how long things take to start depends a LOT on what there is to do. Delaying is rarely a good idea however, and you should consult with a local probate attorney to get real advice on what is appropriate for your case and why you need to do what you need to do!
Don't be afraid of this, but you DO need answers, and that will require hiring or at least consulting with a local attorney. Use the find a lawyer tab here to locate someone nearby...
Q: My dad passed away and I'm a. Beneficiary of the estate in his will but my step mother wants me to sign off my rights
Kenneth V Zichi's answer
Spouses do have certain rights to 'elect against a will' but without full details it is impossible to say what the case here might be. You need to provide complete details in a private attorney-client privileged setting to get real answers to this. Many attorneys offer free or reduced cost initial consultations. Please search the 'find a lawyer' tab here to locate someone near you who can help!
-- This answer is offered for informational purposes only and does not constitute legal...
Spouses do have certain rights to 'elect against a will' but without full details it is impossible to say what the case here might be. You need to provide complete details in a private attorney-client privileged setting to get real answers to this. Many attorneys offer free or reduced cost initial consultations. Please search the 'find a lawyer' tab here to locate someone near you who can help!
-- This answer is offered for informational purposes only and does not constitute legal...
Q: what type of deed must I file when I sell my selling interest of a land contract?
David Soble's answer
There are several types of deeds that you could provide. This is based upon your contract provisions, and there is no required deed type per se. A quit claim deed is most preferred from a seller's perspective, however, your buyer will most likely want a warranty deed. Do you have marketable title?
There are several types of deeds that you could provide. This is based upon your contract provisions, and there is no required deed type per se. A quit claim deed is most preferred from a seller's perspective, however, your buyer will most likely want a warranty deed. Do you have marketable title?
Q: Can the State of Michigan file a claim on deceased persons home that was in a nursing home getting help from them
David Soble's answer
Generally, yes the state can file a lien on a resident's home where it has a valid claim. You would need to provide further details to address your particular matter.
Generally, yes the state can file a lien on a resident's home where it has a valid claim. You would need to provide further details to address your particular matter.
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