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Michigan Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: Probate court issued a bench arrent for me, I need to know the best way to get it cleared up?

The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More

Anthony M. Avery
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answered on Nov 19, 2024

Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More

2 Answers | Asked in Tax Law for Michigan on
Q: How is the 16th Amendment constitutional? It is front end taxing, and back end taxing on a person and too broad.

Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2024

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: Is there any way to leave my estate which includes a checking account, house on property and a vehicle which combined is

worth less than $15,000 to my sister that lives 400 miles away and avoid probate without losing control of them before I pass? Also need to know if I can do it for next to nothing somehow and if none of what I ask is doable, what would you suggest.

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 16, 2024

Sure there are ways from ladybird deeds to naming beneficiaries and SOS affidavits, but without examining details anything offered here would be speculation and not good advice.

Plus, your house, car and bank account are in total worth less than $15k? Something seems off.

Bottom...
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1 Answer | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Can I sue my doctor for taking me off my blood pressure meds and then I had a stroke from high blood pressure

Been in the hospital for a month losing my car and can't pay my bills because I had a stroke

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. The short answer is that based on such a cause and effect, it's possible you have the grounds for a case, simply on a textbook analysis. But from a practical standpoint, it's also possible that your... View More

1 Answer | Asked in Medical Malpractice for Michigan on
Q: It took 2 months to get a review of my chest ct and I have a nodule in the lower right lung. Is this malpractice?

The radiologist put it’s a RAD 4 which means cancer I am just wondering

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2024

A Michigan attorney could advise best, but your question remains open for a month. From a textbook standpoint, it could be - based on a delayed timeline for turning around a diagnostic imaging study. In terms of actuality, it would probably hinge on the opinions of medical professionals - the... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a trust property be auctioned or non judicial foreclosed if the trust has the bank in default judgment in circuit

court?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 6, 2024

Your question is unclear.

The BANK is in default after a circuit court action of some kind? Who sued whom and for what?

Is the case pending, or has it been dismissed or a default judgment been issued? What does the default say about the status of the property?

There are...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I have a felony and I want to know how long do I have to wait to get it off my record …

I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a bounty hunter looking for my son enter my home without my permission?

I have allowed (3) searches, because they were intimidating. He told me he would arrest me if I didn't let him in. And that he would put my dogs down if I couldn't control them. They also broke the door on a motorhome that that does not belong to the person they are looking for.

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2024

You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: If we add to an item on a denied appeal for the Supreme Court can we never use that item again in any further appeals

Regretfully we filed an appeal on a criminal decision ourselves without understanding the complexity of it, and very sadly our court appointed appeal lawyer wasn't helpful or even reachable. The appeal was denied for one thing and now going to Supreme Court in Michigan. Our question is can we... View More

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2024

Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.

Appeals are terribly...
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1 Answer | Asked in Estate Planning and Foreclosure for Michigan on
Q: Can I move assets to a trust after taking a loan on that asset
Trent Harris
Trent Harris
answered on Oct 17, 2024

Yes, you could - subject to some caveats - move assets to a trust after taking a loan on the asset. By taking a loan on the asset, I'm guessing you mean you've borrowed money that is secured by a lien on the asset.

The most common situation where this comes up is where a person...
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1 Answer | Asked in Municipal Law and Criminal Law for Michigan on
Q: Do I have a case and how would I go about it?

I got a dwls and was given a 5k cash bond with no option for surety. No factors of flight or public safety were enumerated by the magistrate at arraignment. And I have strong ties to the community and have always shown up to court in the past. The DA was perfectly fine with a PR Bond

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2024

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Do you factor holiday overnights into Total overnights for a UCSO in the state of Michigan?

I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More

Brent T. Geers
Brent T. Geers
answered on Oct 9, 2024

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

1 Answer | Asked in Probate for Michigan on
Q: I applied for a petition in order but then I found last well and testament to get to account
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 8, 2024

That isn't a question, but a will won't 'get you into an account' you still need letters of authority.

Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?

There may be other ways to proceed, but if...
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2 Answers | Asked in Consumer Law and Civil Rights for Michigan on
Q: In recording a video in public.What can I use and not use?

Im in the process of making a memorial video of my son who passed away in 2020.I will be filming the city where he lived and worked(outside of building only).I have obtained permission.One part of this is that I will be filming coming into the city where peoples cars are present as well as people... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Your plan sounds okay. Generally, you may film anyone or anything in public. As long as you're not misrepresenting what you are capturing (e.g., implying that a business shown was involved when it was not; implying that a person walking down the street is a prostitute or drug dealer, ect.),... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Since morgue employees won't inform me where the body was taken initially, how do I find out?

The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Michigan on
Q: What happens if you do a roof for someone with insurance and they only give you two of the three checks issued to them?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

A Michigan attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the most inexpensive starting point could be to take it up with the insurance carrier. They could speak with the insured and politely advise that those checks are... View More

1 Answer | Asked in Personal Injury and Business Law for Michigan on
Q: We are an s-corp LLC being sued by a customer for "incomplete project and job services" and "secondary loss"

We completed drywall repairs and painting for a 3000 plus sq ft home for a customer that amounted to over $9000.00 (materials included)

We also provided extra services outside of the scope of the estimate and did not charge the customer and we also had to move their personal items out of... View More

James Iafrate
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answered on Sep 26, 2024

Small claims court in Michigan involves cases in which the amount in controversy is less than $7,000.00 so that is the maximum amount they could sue your business under the rules. There is no reason why you could not file a counter-lawsuit seeking damages for the additional services that you... View More

1 Answer | Asked in Probate for Michigan on
Q: My father just died. Estate would be 2 old vehicles worth 20k total and about 25k in life insurance. Do I need probate?

Wife died 7 years ago. Has 3 surviving children.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 23, 2024

Was there a beneficiary named on the life insurance? If so you probably do not need probate, but the analysis is more complicated than that.

Please consult with a local licensed attorney to review ALL the facts of your case to insure there aren’t other issues. Starting probate...
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