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Michigan Questions & Answers
5 Answers | Asked in Bankruptcy and Probate for Michigan on
Q: Is surviving spouse responsible for deceased spouse's sole credit card debts?

Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?

Ralph Reisinger
Ralph Reisinger
answered on Feb 28, 2025

As a general rule in Michigan a spouse is not responsible for the sole debt of a deceased spouse. If the home was held in the entireties - as husband and wife, a creditor of the deceased spouse could not attach a lien to the home. Whether a creditor could make a claim against the probate estate,... View More

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5 Answers | Asked in Bankruptcy and Probate for Michigan on
Q: Is surviving spouse responsible for deceased spouse's sole credit card debts?

Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?

David Soble
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David Soble
answered on Mar 8, 2025

The surviving spouse will only be responsible for the credit card obligation if they were a co-signer. If the decedent's estate is probated, then the creditor will file a claim against the estate. Unless the personal representative's estate objects to the balance amount (which they... View More

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1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: Is the GettingOut app safe for lawyers to communicate with inmates in Wayne County?

I want to know if lawyers are supposed to use the GettingOut app to communicate with inmate clients in Wayne County. Is it considered a safe method of communication?

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2025

I'm not personally familiar with this "GettingOut" app, but unless it has an account setting for professional confidential communication, the answer would be no, other than maybe communicating general or publicly available information (e.g., we have our next court date scheduled for... View More

1 Answer | Asked in Child Custody and Gov & Administrative Law for Michigan on
Q: Can a judge be removed for past representation as my lawyer?

I had a lawyer eight years ago for a child custody case with my first wife, which ended. I later remarried, had two children, and am now divorced from my second wife, with whom I'm currently battling custody. The lawyer from my first divorce is now the judge presiding over this trial. My... View More

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2025

She can certainly try. There are conflict rules and ethics opinions the judge must consider that may apply to the facts in your situations. In a "close call" I don't think many would fault a judge for recusing him or herself out of an abundance of caution.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Do I need to file a motion to amend before serving complaint in Michigan?

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?

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Gaming for Michigan on
Q: Legal question about casino incident and arrest legality in Michigan.

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

Brent T. Geers
Brent T. Geers
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...
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2 Answers | Asked in Real Estate Law, Consumer Law and Contracts for Michigan on
Q: Mortgage escrow refund led to shortage; who's responsible?

I received a refund check for an escrow overage from my mortgage company in August of last year. This was issued before they paid our taxes, leading to a negative balance in the escrow account. Now, they are increasing our monthly payments by over $1500 to cover a $10,000 shortage. We didn't... View More

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

Who is 'responsible'?

That depends. Is the accounting accurate and did you receive the money refunded?

Then YOU as the property owner are ultimately 'responsible' to pay the taxes.

Unless the company misapplied the funds or didn't actually refund...
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1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Is spending from joint account considered stealing in marriage?

I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 27, 2025

No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More

1 Answer | Asked in Probate and Child Support for Michigan on
Q: Can adult child drop back child support owed to deceased parent?

As the adult child managing my deceased parent's estate, can I drop or forgive the back child support owed to my deceased parent by the other parent?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 25, 2025

The Personal Representative can settle and compromise claims in many circumstances but it is not a ’yes/no’ situation.

It is POSSIBLE to act in this way, but ONLY if it is in the ‘best interest of the estate’.

If you don’t already have an attorney, you need one to insure...
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1 Answer | Asked in Estate Planning, Probate and Personal Injury for Michigan on
Q: Include Humane Society in Affidavit of Small Estate post-probate?

We received notice from a life insurance company after the probate was closed, asking us to file an Affidavit of Small Estate and provide a copy of the living trust that names us and The Humane Society as 50/50 beneficiaries. The Humane Society already received its share before probate closure.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 24, 2025

Something doesn’t ’add up’ here. If there was a trust there wouldn’t have been probate absent someone doing something wrong.

If the probate is closed you may need to reopen it but life insurance doesn’t usually go through probate at all unless there is a failure to name a...
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2 Answers | Asked in Bankruptcy and Tax Law for Michigan on
Q: Can I file for Chapter 7 bankruptcy with income discrepancies from OnlyFans?

I am considering filing for Chapter 7 bankruptcy due to a garnishment related to an eight-year-old car repossession, with a remaining balance of $13,000. The creditor takes my tax refund annually, including $3,400 this year. I haven't sought professional advice yet. My concern is a discrepancy... View More

Michael Hollins Sr.
Michael Hollins Sr.
answered on Feb 21, 2025

Dealing with garnishments and old debts is stressful. Chapter 7 bankruptcy might be an option, but the income difference between your 1099 and bank statements needs careful attention. Courts require accurate financial records.

Since you haven't consulted a lawyer, a free consultation...
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1 Answer | Asked in Banking and Contracts for Michigan on
Q: Is it legal for my parent to take money from my joint account without consent?

I am an 18-year-old and had a joint account with my parent. My parent took over $500 from the account without my consent. Although the bank advised me to open a new account solely in my name, I did not give my parent permission to use the funds after turning 18, and there was no agreement regarding... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 20, 2025

Banking law prevents you from suing the bank for honoring the request by a joint account owner for money from the account. I don't believe that a joint account owner commits a crime by taking money from the account that is legally his money. That leaves two questions: 1. Could you sue... View More

2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 19, 2025

If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.

The criminal matter should be referred to the police. You could sue him based upon the threats of arson...
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2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2025

OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?

I concur to the extent there are threats of criminal activity, you need to contact the...
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2 Answers | Asked in Immigration Law and Divorce for Michigan on
Q: Can my ex-wife's green card be revoked for using me to get it?

I am a naturalized American citizen. I married a foreign lady in December 2021 and applied for a spousal visa. We had our wedding in February 2024, and she moved to the USA with me. Shortly after, she changed completely and we went back to our original home country to get a divorce. She first... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2025

OK, so if your wife received the permanent 10 year card, as opposed to the conditional two year card, then it will be difficult for her to lose it. So if three years went by after you got married until she received her green card , it’s most likely that she has received the permanent card. If... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: What is a protective order for child's settlement money?

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.

James Iafrate
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James Iafrate pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: What is a protective order for child's settlement money?

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.

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in White Collar Crime and Civil Litigation for Michigan on
Q: Can I address an unresolved court order preventing my record from being sealed in Michigan?

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

Brent T. Geers
Brent T. Geers
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...
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2 Answers | Asked in Immigration Law for Michigan on
Q: Effects of canceling a CR-1 visa application on future applications.

If my spouse (who is Japanese) and I, a US citizen, apply for the CR-1 visa but end up canceling our application during the process, will it affect our chances of obtaining a spouse visa in the future? We are considering a potential move to Japan by the end of 2025 due to my mother-in-law's... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 14, 2025

If you withdraw your application, you can always re-file. People that do this have stricter scrutiny applied to their second application only because the assumption is that the couple broke up. However, if you have a good explanation and can support that with documentation that proves why you... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: If I fire my attorney 2 weeks before a jury trial, and the judge refuses to adjourn, what options am I left with?

Hello,

I have a family member who is being charged in the State of Michigan with 3 counts of Criminal Sexual Conduct (3rd degree). We are approximately 2 weeks away from jury trial, and his current attorneys are completely unprepared and do not have a strategy to defend him. We would like... View More

Brent T. Geers
Brent T. Geers
answered on Feb 12, 2025

A lot of these "what ifs" can be answered only by local attorneys familiar with this judge. Your family member can certainly hire another attorney. However, the judge can deny an adjournment. The judge could also refuse to allow the current attorney to withdraw.

With just two...
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