Is that providing insurance per our divorce papers
answered on Oct 10, 2023
In Michigan, if your divorce papers stipulate that one parent must provide health insurance for your son and you're compensating your ex for the costs of including your son on her insurance plan (which has better rates), it could be seen as complying with the provision to provide insurance.... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
You should probably consider filing an injunction to prevent the administrator from dissipating assets. If necessary to prevent irreparable harm, injury, or damage, you could file an emergency petition to get into court more quickly. It is likely in your best interest to hire your own legal counsel... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
I assume this woman was legally married to your father. In that case, she is entitled to the spousal elective share. I say that simply to say that the formula for that, in most cases, means that the spouse receives all or the majority of any probate estate.
As the personal representative,... View More
I have concerns over their care if they are with her at her mother's.
answered on Oct 5, 2023
Unless there is a custody order in place, either parent may take possession of their children at any time. But don’t attempt to use force or the threat of force to secure possession of your kids and be sure to let your spouse know the kids are safe and with you.
I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for... View More
answered on Oct 3, 2023
Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing.
What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More
answered on Sep 13, 2023
I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More
Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More
answered on Sep 12, 2023
You need a lawyer; and you likely needed a lawyer months ago.
As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.
You have a... View More
Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.
I also told her numerous times I was recording all of our interactions to serve as a blanket statement.
She is consistently threatening to intentionally violate our... View More
answered on Sep 12, 2023
If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More
I got a truck from my dad when he passed, and my fiance uses the truck so he put new brakes and swapped the transmission. He said if I leave him he's taking the brakes and the transmission out because he bought them.
answered on Sep 7, 2023
In most situations, if your ex paid for specific upgrades or repairs to a vehicle that is in your name, they might not have the legal right to remove those parts. Once those parts are installed on the vehicle, they generally become part of the vehicle's overall value and cannot be easily... View More
answered on Sep 5, 2023
During a divorce, the rules regarding access to the marital home can vary depending on the specific circumstances and the laws of your jurisdiction. Since the home is in your name and was a gift from your mother, it could potentially be considered separate property rather than marital property,... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, there are specific procedures and rights associated with wills and their distribution:
Probate: When a will is submitted to the probate court for administration, it becomes a public record. This means any interested party, including heirs and... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Aug 29, 2023
First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.
A common example... View More
We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.
answered on Aug 25, 2023
You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.
Kids to them . I want my kids to live with me , is it true that my x wife could do that
answered on Aug 24, 2023
In Michigan, child custody arrangements are typically determined based on the best interests of the children. If your ex-wife had legal custody of your children and has passed away, her parents may have taken temporary physical custody. However, as the biological parent, you may have rights to seek... View More
I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons
answered on Aug 17, 2023
You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More
Im trying to help a friend with his situation. He has a 12 yr old daughter and has paid support this whole time. She was conceived days before he was incarcerated for a yr in jail. I don't know the exact reasoning but his ex never let him see his daughter and he never tried to push it until... View More
answered on Aug 13, 2023
He's going to need more than speculation, and with the amount of time that has passed, he arguably doesn't have a legal right to contest paternity.
Best case scenario would be through an admission and a stipulated motion between him, the mother, and the actual father.
My stepson, 28, married someone, 48. He was recently killed. The wife will not tell my husband anything about the funeral.
answered on Aug 11, 2023
In most cases, the legal right to make decisions about funeral arrangements lies with the deceased person's next of kin. However, laws can vary by state and circumstance, and it's important to consult with a legal professional to get accurate advice based on your specific situation.... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Sep 1, 2023
In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
Now I have to pay child support
How does that work
We have a hearing on august 15th
How can they make me pay child support when she owes me $4000 in back pay
answered on Aug 3, 2023
There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.
The reason being is that child support is intended to be contemporary, reflecting what is... View More
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