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Michigan Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I be evicted from hearsay? My neighbors have complained multiple times that I’m smoking marijuana in my apartment.

The landlord said if the complaints continue they will have to evict us. The accusations aren’t true.

Brent T. Geers
Brent T. Geers answered on Jan 28, 2022

Hearsay is an out-of-court statement made for the truth of the matter asserted. To evict you, your landlord does not need to prove you are smoking marijuana. The fact that neighbors are complaining enough - regardless of their truth - can be enough to cause an eviction.

What you may want...
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1 Answer | Asked in Estate Planning for Michigan on
Q: minor children getting money, how to make out check to them

I am the personal representative. There was a will, but it didn't mention this pension payout and the pension payout did not have a beneficiary listed. ($40,000 split between 2 children ages 7 and 9) The next of kin are minors that live with the father, who is divorced from the deceased. Since... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 28, 2022

You’ve asked this question before/elsewhere. You do NOT make the check payable to the father. But the father may need to create a trust or set up a conservatorship.

This is not a DIY situation. Please seek representation from a local probate attorney ASAP. There are many traps for the...
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1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: What are the terminating businesses' limitations as far as taking fired employees off campus?

When I was put on leave pending termination, an off duty campus police officer was waiting to drive me home. I didn't have a driver's license due to seizures. The VP who fired me said they set up a ride home due to my condition. I said I'd rather my wife, who worked a mile away,... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 28, 2022

If your wife worked on campus, then I think the university had a right to escort you off campus and not to your wife's office. Whether you were falsely imprisoned is a bit more complex of an issue. I suppose you could have said you want to be dropped off across the street from university... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Is COVID a viable exemption to the right to a speedy trial?

My fiance is in jail in Michigan for a crime committed there. He's in the COVID quarantine pod and has missed his probable cause hearing twice, another man in the pod missed his 5 times, although he's no longer positive for COVID. Is this a violation of his right to a speedy trial?

Brent T. Geers
Brent T. Geers answered on Jan 27, 2022

No, but there may be other actionable problems here. Generally, there is a right to have the actual preliminary examine within 21 days of arraignment unless waived, or upon "good cause" by the court.

1 Answer | Asked in Education Law for Michigan on
Q: And if I have 1st hand knowledge that they don't ?

Worked for these schools for 2 years,75% of which was during the pandemic. No deep cleaning, no change in filtration/hvac, no basic CDC protocols-the community here is small, rural, and don't believe covid exists. I am 100% sure they will not accommodate her needs. How can she take a test... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Does your child have a 504 or IEP? Those are the mechanisms that trigger accommodations. Otherwise, you're going to need to make the choice between taking the exam under the conditions they offer, not take the exam and fight that battle with school admin / school board over the resulting... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: If I file for divorce and my husband refuses to leave the house , is there any way I can get him to leave?
Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Yes. You can file a companion motion seeking exclusive use of the marital home.

1 Answer | Asked in Education Law for Michigan on
Q: can my fully virtual student be forced to come in person for exams?

my senior in high school has been virtual since late October, and all of last year as our schools don't follow CDC protocols. She has severe anxiety and physical health problems. She's pretty much an A student, but needs to take a couple midterm exams. This time they want to force her... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Probably. I think when it comes down to it, the school will be able to say they made reasonable accommodations.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I stay in a nother state and have a ticket and reinstatement fee I can't afford how can I get help

I receive snap benefits and Medicaid .I'm on a low income and can't pay it is there anyway I can get it take care of because I'm trying to get back in to the work fell

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

You should contact the court to set up a payment plan.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: I have full custody of my daughter. Her dad wasn't involved the whole pregnancy up until 9 months old .

He has no rights to her. He's not on the birth certificate. I'm trying to have him be put on the birth certificate. He doesn't pay child support. If I ask for diapers or wipes he'll get it but that's all he does. I could use more help i take care of her full time not able... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Don't fall for that threat. Parenting time, custody, and child support are all separate issues under the law for that very reason.

If the child receives state assistance (e.g. Medicaid, WIC, etc.), the state will seek and enforce a child support order regardless of what you say....
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I moved into a house in October. The landlord sent a contract but I never signed it because the file wouldn't open.

He resent it months later and I didn't agree with the agreement. There is also mold growth in the bathroom around the tub because it is not sealed. How much notice do I have to give him in order to move out and recover my security deposit if there is still no signed agreement?

Brent T. Geers
Brent T. Geers answered on Jan 25, 2022

Without a signed lease, you're a tenant at will. So either party can terminate with 30 days' notice.

1 Answer | Asked in Divorce for Michigan on
Q: Does it matter if you divorce before or after retirement?
Brent T. Geers
Brent T. Geers answered on Jan 24, 2022

Possibly. And of course depends on what, if any, agreement can be made.

1 Answer | Asked in Estate Planning for Michigan on
Q: How do I fill out the "payable to" blank on estate check when the recipients are minor children?

I am the personal representative of my daughter's estate. She is divorced and I have about $40,000 to be divided equally between two minor children. When I write the check to the father from the estate account, how do I fill out the "payable to" blank? (Michigan)

Kenneth V Zichi
Kenneth V Zichi answered on Jan 24, 2022

You probably don't write the check to the father!

You need to have an attorney review the estate to make sure you're proceeding properly.

You may need to create a trust, or the father may need to open a conservatorship or a restricted bank account depending on how things...
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1 Answer | Asked in Land Use & Zoning for Michigan on
Q: Can I do anything about my neighbors parking next to my home grayling mi 49738 208 Scott street

We live in the township, not city. My neighbor has a business which is transportation. He has big diesel trucks, other trucks, big trailers, van,rvs, snowmobiles etc. they run everything between our homes. I live in a 1965 trailer, which the owner, my boyfriend has had since he was 22, he’s 56... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 23, 2022

You should research what your local ordinances say about trucks, noise, and commercial activity on residential property. Perhaps they are in violation of something, which you can address with your township or file a nuisance action.

The problem with living in a township versus a city is...
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1 Answer | Asked in Animal / Dog Law for Michigan on
Q: What can I do when I stud my dog to a neighbor and we had a verbal agreement that I would get pick of the litter

And they are trying to charge me a fee for it when that wasn’t to the agreement

Brent T. Geers
Brent T. Geers answered on Jan 23, 2022

The problem with verbal agreements are that they are usually worth the paper they are printed on. You would need to prove there was an agreement and what the terms were. Tough task when the other person is probably going to deny it.

1 Answer | Asked in Health Care Law for Michigan on
Q: Can a michigan hospital force a patient to go on a ventilator?
Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

I don't see why not if a doctor determines it necessary. The alternative is to go to a different hospital.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can extradition boudaries be changed after issued
Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

Are you talking about pick-up ranges on warrants? Often times, when someone has a warrant, there will be a pick-up range listed. For instance, a warrant out of Kent County might say "we'll pick up within 100 miles from Kent county. That range depends on what the warrant is for (e.g. what... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I'm a single renter and when my lease was up, I was asked if I wanted to renew. I said yes but was never given a lease.

I moved out recently and she is talking about suing for unpaid rent. Can she do that if there is no rental agreement?

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

Depends on the terms of the original lease you renewed, as well as how you moved out. Typically when you stay beyond the original lease, you are considered a tenant at will, and operate on a month-to-month basis. That could obligate you to give a month's notice of you moving out, otherwise you... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How do I go bout by getting my Stuff from out my house when my landlord done change the locks

Landlord want let me in the house 2 get my things

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

Have you been legally evicted? If not, the landlord has a big problem here; if you have been legally evicted, you have a big problem here.

1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
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1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit/waivers will be needed to convey & allow 1 heir to sign over their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their interest/portion of the property

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.

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