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Michigan Family Law Questions & Answers
Q: Can sister force grandfather to leave mom's residence in probate issue?

My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... 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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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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3 Answers | Asked in Family Law, Civil Litigation, Probate and Real Estate Law for Michigan on
Q: How can I legally force the sale of a house co-owned with my stepdaughter in Michigan?

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

Thomas. R. Morris
Thomas. R. Morris
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

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3 Answers | Asked in Family Law, Civil Litigation, Probate and Real Estate Law for Michigan on
Q: How can I legally force the sale of a house co-owned with my stepdaughter in Michigan?

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

David Soble
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David Soble
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

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1 Answer | Asked in Civil Litigation, Family Law, Probate and Contracts for Michigan on
Q: Can a court change annuity beneficiaries post-death in MI?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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2 Answers | Asked in Real Estate Law, Family Law and Estate Planning for Michigan on
Q: What happens to joint mortgage if one spouse dies in Michigan?

If a husband and wife in Michigan jointly own a house and one spouse passes away, what happens if the surviving spouse has enough income to cover the mortgage payments but cannot qualify for the existing mortgage due to loss of income? The mortgage is in both names, there is a little life... View More

David Soble
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David Soble
answered on Feb 28, 2025

If the couple is jointly on the mortgage, the surviving spouse should continue making the payments under the mortgage agreement. Nothing should change based upon the fact pattern as presented. However, if household income has decreased since the death of a spouse, consider a mortgage modification... View More

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2 Answers | Asked in Real Estate Law, Family Law and Estate Planning for Michigan on
Q: What happens to joint mortgage if one spouse dies in Michigan?

If a husband and wife in Michigan jointly own a house and one spouse passes away, what happens if the surviving spouse has enough income to cover the mortgage payments but cannot qualify for the existing mortgage due to loss of income? The mortgage is in both names, there is a little life... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 28, 2025

Once the loan has been made and the mortgage granted, "qualification" for the loan is not an issue, provided that the loan is a standard residential mortgage. Some commercial loans, in contrast, have financial covenants that are an ongoing obligation on the part of the business to... View More

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1 Answer | Asked in Child Support, Child Custody and Family Law for Michigan on
Q: Full legal custody = full legal responsibility? Seems like an imbalance. Please explain. Confused.

I make all the decisions legally with full custody. You pay! Legally? If the legal responsibility lies with one person, shouldn’t all legal responsibility lie with that person?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2025

Not at all! Children are entitled to support from BOTH parents. If you look closely at the child support formula calculation, you will see that both parents' income is taken into account, along with the number of "overnights" each person has. The formula is intended to put a child in... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: If parties agree on a motion, do i need a hearing?

I've filed for divorce, papers have been served, an answer has been completed and served. I have filed a Motion to Waive the Statutory Waiting Period. My spouse agrees to waive the waiting period. Do I still need to submit a praecape for a hearing?

Garry M. Greenberg
Garry M. Greenberg
answered on Jan 6, 2025

If you are trying to move your case along quickly, you should still schedule it for a hearing (with the required praecipe) to make sure the Judge will allow it. Not all Judge's will agree to waive that statutory waiting period. Also, most Judge's want to go "on the record" with... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Husband medically unable to work, bio mom able to get insurance can they mandatory make a step parent get insurance MI

My husband is medically unable to work and everything is documented, he always carried insurance on kids but now unable to work and court order did not state who was liable for primary etc. so kids were added to mine until we got clarification as I’m the step parent.

We went to referee... View More

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

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all...
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2 Answers | Asked in Child Support and Family Law for Michigan on
Q: My husband was extradited to michigan for non payment of child support.Can he be released without prison time.

My husband was never served court papers. The original child support case is closed.His son is now 20 years old. I am assuming the AG Opened a new case because the state is owed from the other parent owing for county assistance. I don't know how to prove that he was never served. According to... View More

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

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

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

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My husband Is currently being extradited from Arizona to Michigan for non payment of child support errears.

His son is an adult now.I know that does not matter.However, he has never been served any type of court papers. He hasn't been in Michigan since 2006. Case was filed 2007. How Can he get it dismissed and return home to arizona.

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2024

He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What type of motion should be filed to protect my daughter?

My ex-wife is expecting a child in two months. Our daughter who is seven is not allowed to be alone with her boyfriend via our court order. I want know if there a motion I can file to prevent my ex wife from leaving our daughter in the hands of someone not verified

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my son's father make me drive hundreds of miles or even out of state for his sport event?

So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

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 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 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.

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