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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 
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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
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 18, 2025
Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well.... View More
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 13, 2025
Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More
My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More
answered on Mar 12, 2025
They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.
This situation needs to be reviewed by a local probate / divorce attorney... View More
I am part of a homeowners association for a subdivision with private streets, and we're facing issues with property owners blocking a 33-foot street that is meant for all residents to use. Despite new signs indicating these are community streets, some landowners are preventing access by... View More
answered on Mar 1, 2025
We would need to see the earlier court decision to determine if the homeowners are in violation of the court order. If so, then, if the settlement agreement allows for the court to reopen the matter, an attorney would be able to go back to the earlier court to review the settlement and ask the... View More
Am I required to file a motion to amend and a brief prior to the complaint being served on defendants if I plan to amend the complaint by attaching it as Exhibit A in the Eastern District Court of Michigan? Also, do I need to add additional statements of claims for new counts?
answered on Feb 27, 2025
I understand you're probably well-intentioned, but if you're asking a procedural question like this, you REALLY should not be litigating without an attorney. At the very least, find a local lawyer willing to review what you have and explain HOW to do what you're trying to do. It will... View More
I was at a casino where I was told by a worker I would need to leave for 24 hours if I swore again after I made a comment about their games. I didn't swear again, but called the worker a "mean little troll." She claimed I used a bad word with "troll" and called the police.... View More
answered on Feb 27, 2025
Here's the thing everyone needs to understand: this isn't a TV show or movie; cops don't have to Mirandize you or even really explain anything to you. On the street (or in this case, in the casino) is not the time to plead your case.
You're probably right that there... View More
What is a protective order concerning my 7-year-old son's car accident settlement money? I am his mother, and I'm unsure about its implications and would like to understand more about it.
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answered on Feb 17, 2025
This most likely means that there is some type of protective order issued by the Court protecting the proceeds of the settlement from being spent until the minor reaches the of 18. Although it could mean some other type of protection related to the settlement proceeds. The purpose of a protective... View More
What is a protective order concerning my 7-year-old son's car accident settlement money? I am his mother, and I'm unsure about its implications and would like to understand more about it.
answered on Mar 19, 2025
In virtually every state, personal injury awards for infants usually need court approval. It sounds like something in connection with that. In many states, this can involve a separate hearing or appearance before a judge. This is to protect the interests of minors until they reach adulthood - and... View More
I am from Michigan and had an embezzlement charge in 2019. I was under 25, so I was granted HYTA, pled not guilty, and was sentenced to one year of probation and restitution fees. I completed my probation and paid all fees, yet my record isn't sealed. The court says I failed to complete a... View More
answered on Feb 17, 2025
You perhaps have a misunderstanding of what happened. First, you state you pled not guilty; you would not be on probation with HYTA unless you pled guilty - it's right there in the statute as a requirement.
What does your order discharging you from probation state? The court is right... View More
I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More
answered on Jan 29, 2025
The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More
They asked for no id and the minor crashed their parents car n damaged it. They also refused to give the parents the owners information
answered on Dec 14, 2024
I'm unsure two wrongs make a right here for you as the parents. The store is wrong for selling liquor without carding (assuming they did not in fact card the minor; how would you know that to be a fact?). The minor is also wrong for making the purchase.
More to the point, I think you... View More
My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More
answered on Sep 9, 2024
By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More
What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More
answered on Sep 3, 2024
What does your written agreement with your roommate say? Do you have ANYthing in writing?
Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed... View More
The estate sale company has acknowledged that the clean up crew wrongly took the phone and sold it. Company says they want to make it right. It’s a for real vintage, red wall mounted rotary phone in pristine condition. It was mounted on the wall. (There’s a newer beige wall mounted phone in... View More
answered on Sep 13, 2024
I concur this isn’t a ‘crime’ so be careful how you approach this. A ‘crime’ requires intent and this — particularly with the response of the company trying to ‘make it right’ — shows there is no criminal intent, just a very unfortunate mistake. It is ‘negligence’ at best and... View More
My car was towed when I was on a trip to visit my mom out of state. The parking lot in my apartment complex was getting re-paved so they towed it… without notifying me that the lot was going to be under construction. All the did was put a paper on my car but I was out of state… there was no way... View More
answered on Jul 23, 2024
You could list all except perhaps the Secretary of State...I'm not sure what liability they have here. Ordinarily, a private property owner contracts with a towing company for any vehicle parked without permission. Property owner calls the towing company, or the towing company otherwise shows... View More
As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?
answered on Jul 15, 2024
I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More
Claimant worked 30 yrs as a skills trade journeymen & retired in Aug 2008 at age 48. In Nov 2008, claimant was admitted for heart failure & received a heart implant Feb 2009. Claimant tried limited subcontracting for his wife's company, but applied for SSDI Nov 2014 under medical... View More
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answered on Jun 15, 2024
To be permanently fully insured for Social Security Disability Insurance (SSDI), the claimant must have earned a sufficient number of work credits, which he did by working 30 years. However, SSDI eligibility also depends on whether the claimant is still insured on the date they become disabled. In... View More
answered on Jun 11, 2024
A Michigan attorney could advise best, but you posted last week, and time may be of the essence in your matter. This is because it's possible your case could involve of notice of claim requirements, if it involves a public setting (which seems to be the case from your description). A Michigan... View More
Where fraud carries a six year statute of limitation, but there's a 180 day statute to bring an action for FOIA violations. May a claim for fraudulent misrepresentations, continuous lack of transparency regarding FOIA responses, spanning the entire six year period be brought? Thanks.
answered on May 15, 2024
You cannot request that a statute of limitations be tolled. You can submit a motion (and brief) arguing that the statute of limitations should be tolled for particular reasons found in this case. The judge would determine whether your argument and supporting facts meet the legal standard to toll... View More
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