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Michigan Questions & Answers
2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2025

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a...
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Michigan on
Q: Is a rent increase from $520 to $690 at my MHP excessive?

I have been living in a mobile home park for 6 years, and my rent was last increased 12 months ago. Recently, my rent was raised from $520 to $690 without any specific reason provided by management. Other residents have received the same increase. I'm not aware of any local rent control laws.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2025

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting....
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2 Answers | Asked in Communications Law, Consumer Law and Internet Law for Michigan on
Q: Is installing mSpy without consent legal for phones I pay for?

I pay for two cell phone lines under my account. A family member, who is over 18, uses one of these lines. There are no formal agreements; it was offered for cost-saving purposes. I'm considering installing parental control software, like mSpy, on the device. Is it legal to do so without their... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Since they are over 18, no. As an adult they have a reasonable expectation of privacy. mSpy can be used to perform covert surveillance, including surveillance of conversations without the consent of at least one party. This could result in you inadvertently committing a felony. In addition, if it... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Michigan on
Q: Can my ex-girlfriend avoid eviction and change her mind after dismissal?

I gave my ex-girlfriend a 30-day notice to vacate, which she acknowledged with a handwritten letter stating she'd be out in 30 days to avoid eviction on her record. She didn't leave, so I filed for eviction in Michigan a week after the deadline. She's now claiming she'll move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 4, 2025

I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and...
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3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2025

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but...
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3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

David Soble
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David Soble
answered on Apr 1, 2025

The property valuation that is used is based upon the value of the home on the date of the decedent's death. To get the most accurate valuation for that date, you and your family should hire an appraiser—a licensed professional to give a scientific opinion on the home's value. Not a... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Injury after colonoscopy fall: seeking liability advice

I was injured on March 24, 2025, after falling at Marquette General on the endoscopy floor right after my colonoscopy. I have a cut on my right eye and a broken right wrist, which will require surgery on April 4, 2025, at Bell Hospital. I'm also facing lost work time for at least three weeks.... View More

Mark K. Schwartz
Mark K. Schwartz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

Thank you for your question and I am sorry to hear about your injury. This is definitely something that should not have happened in that environment. As an important cautionary reminder, please remember that the patient advocate, despite that person's title, works with the hospital's... View More

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Facing child abuse charges with CPS involvement. Need legal guidance.

I'm facing a child abuse case, accused of 3rd-degree abuse, and there's a warrant out for my arrest. CPS has already removed my children from my home, and I'm currently involved in court proceedings with CPS. I haven't consulted with a lawyer yet, but I urgently need one before... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More

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Q: How to address misrepresentation in divorce property claims?

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear...
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2 Answers | Asked in Legal Malpractice and Personal Injury for Michigan on
Q: Can I sue my attorney for pressuring me to settle and lack of communication?

I feel my attorney pressured me into settling my personal injury case. She would rush me off the phone, claimed the company had a lot against me, and said I wouldn't win if I went to court. I only spoke to her three times during my case—mostly through paralegals—and many of my calls and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Unlikely. I'm not sure what you expected as far as communication is concerned. She informed you of the offer and her opinion. You agreed to the settlement. Causing you to feel pressured is not malpractice; in fact, the opposite could very well be. Your lawyer's job is not to be a... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: Charged with possession after drugs found in car, unaware of presence, urged to cooperate.

I have a clean record and have never been in trouble before. While driving my car with a friend, we were pulled over, and the police found a large amount of drugs in a lock box by her feet. Since it’s my vehicle, I’m being charged with everything she’s charged with, despite having no... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

The man didn't need proof. Your problem is going to be that he provided some information that turned out to be accurate and hemmed you up. He probably provided that information to help himself out, which is the choice you now need to make for yourself against your friend.

If you...
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3 Answers | Asked in Real Estate Law, Probate and Tax Law for Michigan on
Q: Can I acquire a Michigan property for back taxes before probate?

I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2025

'Control' is such a non-specific word.

Can you PAY the back taxes to the County/State before then? Yes, but the Estate will retain the right to redeem meaning you won't get the property, you'll only get your money (plus interest) back.

Can you BUY the property...
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3 Answers | Asked in Real Estate Law, Probate and Tax Law for Michigan on
Q: Can I acquire a Michigan property for back taxes before probate?

I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More

David Soble
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David Soble
answered on Mar 29, 2025

It will depend on whether you can make the arrangement with the authorized representative of the estate of the former homeowner. I would not pay the back taxes until you do; otherwise, you will have just advanced money for the estate without any agreement that the estate will sell the property to... View More

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3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Aaron Israels
Aaron Israels pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2025

In Michigan, contingent fee agreements need to be in writing and will outline how fees are calculated and what 'out of pocket' costs are recoverable by the attorney. My guess is that your case didn't settle for a lot of money and that the costs created the discrepancy that you are... View More

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3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2025

I'm sorry about your frustration with the results of your case. There are a few common things to look at - terms of your retainer, out-of-pocket expenses, etc. You ask about considerations that could result in a reduction. A common one is liens, where a medical office may want money back if... View More

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Q: Ex-husband lied about marital status affecting real estate deed, no compensation for houses.

I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More

David Soble
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David Soble
answered on Mar 28, 2025

Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More

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2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: Can executor reimburse probate expenses from estate account in Michigan?

As the executor of an estate, can I write myself a check from the estate account to reimburse for probate expenses, even though there is no specific mention of reimbursement in the estate documents or court orders?

David Soble
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David Soble
answered on Mar 28, 2025

Whether the estate underwent probate with a will or without one ("intestate") determines this. Most wills have a provision that allows reimbursement for court expenses and reasonable fees. Explicit statements of this provision are not uncommon. To be safe, you'll need the... View More

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2 Answers | Asked in Probate and Tax Law for Michigan on
Q: Do I need to post a notice to creditors if no probate and no assets left?

When my mom passed away, her assets, including her home with a lady bird deed, automatically transferred to me and my brothers, and we're not going through probate. However, she may have owed a debt to the IRS, and there are no remaining assets to pay that debt. Do I still need to post a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 27, 2025

MUST you do so? No.

But it is still a good idea because it effectively reduces any statute of limitations to the ‘non-probate claims period’ which is drastically shorter than the general limits.

The wording is slightly different than the ‘probate’ notice but similar. I’d...
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2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Can I pursue a legal claim for father’s death due to alleged negligence by his wife in Michigan?

I believe my father's wife was negligent in caring for him, leading to his death. My father, who suffered from dementia, was suspected of having a stroke by his wife, a former nurse. She called an ambulance, but claimed he refused to get on. Later, she said he fell and refused help to return... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 17, 2025

Nothing you state raises huge red flags. People with dementia often act just as you describe and loved ones often can't intervene easily to avoid unpleasant outcomes. That said, if you question the veracity of these claims, my FIRST step would be to ask 9-1-1 for verification of the call for... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Michigan on
Q: Relative injured in auto accident, declined settlement offers, considering court. What are the options?

One of my relatives was involved in a horrific auto accident three years ago, which was not their fault. As a result, they have undergone several surgeries and will walk with a limp for life. Earlier this year, they were offered a settlement in the low 6-figure range, which they declined. They... View More

James Iafrate
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James Iafrate pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025

They have an attorney so they should discuss their legal options with their attorney who will make recommendations. If they are not satisfied with the offer, they could simply file a lawsuit and seek a jury trial. Some insurance companies will not make a reasonable offer until a lawsuit is filed.... View More

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