Lawyers, Answer Questions  & Get Points Log In
Michigan Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: What are my rights as to what is legally mine when my husband passes away?

We've been married almost a year. He had a will before we married.

Brent T. Geers
Brent T. Geers answered on Mar 3, 2021

As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I cosigned a 1 year lease agreement 6 years ago. Do I owe for recent unpaid rent? Am I liable?

Is there a Michigan law section I can quote?

Brent T. Geers
Brent T. Geers answered on Mar 3, 2021

You may well be. If the landlord sues, he or she can collect from either or both of you.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: can the father sign custody over 2 any1 he pleases with out the mothers consent if she is incarcerated he will b soon

dad has warrents mom is in prison im maternal gma what can i do 2 get them do i have rights

Brent T. Geers
Brent T. Geers answered on Mar 3, 2021

You - or more accurately, the parents of these kids are in a pickle. Assuming Dad has established legal custody, he and the mother could consent to you being the guardian. That actually might be a really good idea for both of them, because if Dad goes to jail or prison, and Mom is already locked... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I block my criminal record from public?
Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

You might be eligible for an expungement which could solve that problem. Contact a Criminal Defense attorney about your record.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I don't want my sister in law as my family since my brother just died. Is this legal in Michigan? If so, how do I do it?
Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

The short answer: you'll want to speak with an estate planning attorney.

If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: If my husband to get the QDRO for 1/2 my retirement (2014 divorce), do I need to remind him?

2014 J.o.D. awarded husband 1/2 my 403(b) account and 1/2 pension. I'm planning to retire next year but am I responsible for getting the QDRO. J.O.D. says that he is responsible for all costs. If he fails to do the QDRO/EDRO by a certain time, do I get to keep my full retirement?

Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

This type of question is unlikely to get any specific response, there is just not enough information.

You'll want to contact a family law attorney, or general litigator to discuss some of the risks arising from what you're describing.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I'm on a month-to-month lease with my girlfriend she's moving out the landlord wants me to move out can I stay

I told the landlord that I wanted to stay he says the lease ends on the 31st and I have to move can they still make me move even though I never said I wanted to move

Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

Probably. Month-to-month leases, are generally considered a periodic tenancy, those that continue for successive fractions until terminated by proper notice by either party. The beginning date is certain, but the termination date is uncertain--that is--until notice is given. Termination of the... Read more »

2 Answers | Asked in Health Care Law, Libel & Slander and Personal Injury for Michigan on
Q: Reception at hospital loudly/publicly discussed my medical care, finances, my injury, payment history, and my looks.

They checked me in and I sat in the waiting room with others. They were commenting on how much I paid on my bill that day, how is the hospital would never see another penny, The fact that I was getting fake teeth (previous boating accident facial trauma) and that it wouldn't help anyway, how... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 3, 2021

A Michigan attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. You could continue to await a response, or you could consider reaching out to a local attorney to discuss, also looking into whether any state laws apply here. Good luck

Tim Akpinar

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Environmental for Michigan on
Q: R299.922(q) Civil Infraction Question

I received a civil infraction bt the DNR (Department of Natural Resources) in a state park. The Civil infraction is R299.922(q). I am trying to understand the penalties that come with this CI as the ranger said it was just a fine but I want to make sure it doesn't show up on my driving record... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

A Michigan attorney could advise best, but your post remains open for a month. As a general matter, each state might operate differently in terms of what their Departments of Natural Resources (or Environmental Protection, Wildlife, Fisheries, etc.) share with their Departments of Motor Vehicles.... Read more »

2 Answers | Asked in Probate for Michigan on
Q: Can my step father change my mothers will now that she has dementia. She wanted separate wills so we would be protected.

He actually changed the will about a month ago. My mother insisted on separate trust because she does not trust him to do the right thing. Could you please tell me how he legally did this. Thank you for your help in this matter. Thomas Gary Harris

Andrew M Steiger
Andrew M Steiger answered on Feb 28, 2021

If someone does not have capacity to make a will, they cannot make a will. No one else can do it for them at that point.

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract if seller does give the right affidavit of fixture paper .

the paper was recorded wrong back in 1997 and the wont sign a addunmet are contract is over this friday.we waited 3months they have to fix the error then everything is good

Kenneth V Zichi
Kenneth V Zichi answered on Feb 26, 2021

It is unclear what you are asking, but I gather you are talking about a certificate of affixture of a mobile home? There is a state approved form that should be filed with the register of deeds, and it should have been recorded either before or at the time you bought the land. Did you get the... Read more »

View More Answers

1 Answer | Asked in Divorce for Michigan on
Q: if you didn't legally change your last name but use your spouse last name to get a divorce, Are you still divorce?
Michael Zamzow
Michael Zamzow answered on Feb 26, 2021

If you changed your name when you were married, then obtain a judgment of divorce without changing your name to something else, you are still divorced.

1 Answer | Asked in Probate for Michigan on
Q: Can a administrator of an estate rent the property of the deceased to another family member

The person who died without a will, so I was told, was the mother and guardian of one of a sibling. The other sibling is now the guardian and wants to continue renting the deceased property to the first. Isn't that dealing to themselves?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 25, 2021

There is nothing that 'jumps up and down' and screams this is inappropriate in the facts you present, BUT the individual needs to have some authority to do this, be that as a court appointed Personal Representative or as the new owner under some other mechanism like a Ladybird or Quit... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract because they didn't get the right affadit of fixture paper are closing contract is
Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

It's difficult to follow exactly what happened from your question. But from a practical standpoint, oftentimes, there are agreements within the purchase agreement or signed during closing that compel both parties to work together to close any gaps discovered after closing. In your case that... Read more »

1 Answer | Asked in Consumer Law and Animal / Dog Law for Michigan on
Q: Dog breeder sold us an akc certified dog with a terminal genetic defect can we take to small claims?

Puppy is only 3 months old, verified by two veterinarians it’s genetic (renal dysplasia) life expectancy is 1 year. The dog breeder is denying it saying it isn’t possible

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

From a practical standpoint, you might try working it out with the breeder. From a legal standpoint you can likley sue in small claims and at least be heard, that is the purpose of small claims, the result of the hearing may or may not be better.

It might be helpful to know.Pets have long...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Are storage unit owners liable for theft of my property from their unit, if they are not doing their due diligence?

I used a storage facility that is self service for many years. Last week, my car was stolen right out of the storage yard and I was notified several days later. The facility does have a gate surrounding it, however if you approach the front gate on car or foot, it opens automatically. No ID or... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

Maybe.

On the one hand it depends quite a bit on the agreement you have with the storage provider, and on the other hand the role the storage facility had in the event, if anything.

1 Answer | Asked in Personal Injury for Michigan on
Q: My 8 yr old son used bath n body works on hhis face and it became burned and rashed. Bath n body works said they will gi

Give 50 dollars if i sign a release and indemnity with my social security number

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

I see now they are offering 50$. To many people that is quit a bit of money, but in the grand scheme of things, you won't know what you're giving up unless you talk to an attorney who can give you at least a cursory overview.

1 Answer | Asked in Products Liability for Michigan on
Q: My 8 year old son used bath n body works on his face and developed a rash with burns. Bath n body works sent me a paper

To sign a release and indemnity and want my social security number i dont know if i should sign it

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

You should contact a personal injury attorney, or any attorney really that can maybe help you understand what you are signing.

1 Answer | Asked in Car Accidents for Michigan on
Q: If I am in an accident with no insurance but the other driver who is insured is at fault should I pursue a claim
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

Michigan law became complicated due to Republican attempts to limit the liability of careless people. I suggest you contact a member of the Michigan Assn for Justice in your county --they give free consults.

1 Answer | Asked in Estate Planning and Landlord - Tenant for Michigan on
Q: Do homeowners of an estate home have to pay for essential home repairs (roof) while home is occupied rent free?
Kenneth V Zichi
Kenneth V Zichi answered on Feb 23, 2021

This depends on how the occupancy arrangements are defined. GENERALLY speaking the life tenant is responsible for the current expenses like utilities, taxes and insurance but PRINCIPAL improvements are not required. A new roof could be seen as increasing the value rather than merely maintaining it... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.