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Michigan Questions & Answers
1 Answer | Asked in Internet Law, Juvenile Law and Military Law for Michigan on
Q: How can a victim get information on the defendants release information

A year ago my bf went to jail for online solicitation of a minor. I was wondering since my parents filed against him but won't share his sentencing information, how can I get that information as the "victim". I'll be 18 in a month and I was hoping to file a motion to drop the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

You can likely look up public access records from the court he was convicted in. It's highly likely that a no-contact order with you remains in place through his term of probation or parole. It is also highly unlikely, given your age and nature of the offense, that a judge will grant your... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Michigan Verbal CPS Safety Plan legally binding?

A little over a month ago CPS (drug allegations and domestic violence allegations) cohorced me into verbally agreeing to a safery plan, placing my kids with my grandparents. Today I decided enough was enough and went to go get my kids. My grandparents wouldn't let me take them! Can they do... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

I wouldn't worry so much about what your grandparents can or cannot do as I would what CPS will do. You run the risk of CPS filing a petition and requesting removal of the children - potentially into foster care, and exposing you to termination of your parental rights.

Make no mistake:...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How to file an eviction notice

No contract tenant

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

The process starts with what's called a Notice to Quit. You'll likely need to serve that and wait 30 days before proceeding to the next step.

1 Answer | Asked in Car Accidents for Michigan on
Q: hit by a driver pulling out of their parking spot in my apartment lot. Neither car was insured. Driver is suing.

Was doing the posted speed limit. Tried to swerve out of the way due to lack of time to brake properly. Haphazardly told them (off record) that I would help them out but then reconsidered because they hit me. No pictures were taken of any damages. Only info given was my first name and phone number.... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

How do you know the other car wasn't insured? If you have received paperwork starting a lawsuit, you should consult immediately with a local attorney. It's possible to raise as a defense the fact that they weren't insured.

1 Answer | Asked in Education Law for Michigan on
Q: Dear Sir or Madam, Q = The announcement of a High School that they are changing their grading scales midstream.

My son's school announced last year (before his Jr. year) that they would begin weighting courses on a 5.0 scale but would not retroactively weight the prior years for students (he took adv. & excell. courses then - as school pushed). Rather than begin this new system for the in-coming... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Your concern sounds to be more properly presented to your district's school board. I can appreciate your concern as a parent, but I'm not sure it's of a legal nature.

1 Answer | Asked in Immigration Law for Michigan on
Q: And company is giving me a job And its is ready to pay me in check Withoust using ssn Can i depost it?

F1 student, is it legal to dep that check or not?

Agnes Jury
Agnes Jury answered on Apr 19, 2021

There are many facts that need to be known that you don't provide to be able to answer this question. You are best to consult with an immigration attorney. Many attorneys offer free phone consultations that may be very helpful for you to start with. Best wishes!

2 Answers | Asked in Criminal Law for Michigan on
Q: Under Michigans New clean slate act. Can a second degree home invasion be an expunged?
Dana B. Carron
Dana B. Carron answered on Apr 19, 2021

No. The penalty is 15 years , and the threshold is less than 10 years.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: all of my property was stolen by the manager of Flint-Stor-All, 3502 Gorey Ave Flint, MI 48506. while i was in Montana

he gave me a 24 hour Eviction notice and took all of my property the next day. i was paid until the end of the month and got there in 2 days to save my property but he said he sold everything already! isnt this considered a burglary?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 18, 2021

Burglary— no.

Perhaps a ‘civil conversion’ or improper lien attachment but without seeing the lease and notice it is hard to say for sure. ...

Bring your paperwork to a Genessee County attorney to review ASAP to determine what if anything you can do and how much it will cost...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Trailer park sold me a mobile home then told me they dont have a title for it what do I do to get the title

They gave me a bill of sale after I paid for it and told me to get an abandoned title from secretary of state the previous owner passed away but they have a son who said he couldn't find the title

Kenneth V Zichi
Kenneth V Zichi answered on Apr 15, 2021

So in essence they sold you something they didn't own ....

Under what authority would YOU have to apply for a lost title? That sounds like something the HEIRS of the previous owner could do, and if the park took an assignment from those heirs something IT might be able to do, but the...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Is there anything, in Michigan, a renter has to sign that states specifically that they’re off of a lease?

I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?

David Soble
David Soble answered on Apr 14, 2021

A lease is a contract. Generally, the parties are bound by the provisions of a signed lease. Turning in the keys is a unilateral step only. Without the landlord's release, you would still be obligated on the contract.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: LLC formed in new york want to use it for a rental property in michigan do I need to obtain a Certificate of Authority
Kenneth V Zichi
Kenneth V Zichi answered on Apr 13, 2021

Yes, but you don’t ‘obtain’ it, you file it with the state’s corporation bureau.

The form is pretty self explanatory, but if you’re going to be renting property in Michigan it makes sense to hire and retain a lawyer in the area of that property to insure you comply with...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My minor children are due to receive life insurance from my ex husband. What do I need to file in the state of Michigan
Don L Rosenberg
Don L Rosenberg answered on Apr 13, 2021

If the proceeds of the life insurance is over $5,000 then the law requires a minors money to be managed through the probate court conservator process. You would have to appointed by the probate court as your children's conservator. You will have to account to the court how much you start with... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Bought trailer on april 2nd and finalized on april 7th now the previous owner refuses to move out until end of may or

June. We are considered over occupancy where we are now. What do we do?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 10, 2021

Without seeing the purchase agreement it is hard to say. When was there supposed to be occupancy? At closing? Within c days of closing? Etc.

Also ‘over occupancy’ is not a term used in Michigan law. What do you mean? You’re ‘holding over’ on a previous lease? Oat one month rent...
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1 Answer | Asked in Probate for Michigan on
Q: Parent has 2 children, 1 child then parent dies, remaining child inherit 100 or 50 split with deceased child's children
Brent T. Geers
Brent T. Geers answered on Apr 9, 2021

50 percent, with the other 50% being split among the deceased child's children equally. This is called a per stirpes distribution.

1 Answer | Asked in Consumer Law for Michigan on
Q: Is a repairman allowed to take pictures inside my home?

Repairman left my dryer torn apart and refuses to fix it. He called me several horrific names and then hung up on me. I am a female veteran and he made it clear he doesn’t like that fact.

Michael Zamzow
Michael Zamzow answered on Apr 7, 2021

Reads as though there is more going on than just the repair person taking photos inside your house. It is possible there is an invasion of privacy issue here, but it might depend on what was photographed and/or whether or not the contract says anything about photographs.

1 Answer | Asked in Consumer Law for Michigan on
Q: Do I still need to file an answer if I settled the debt?

I was sued for debt and received a summons and complaint. I settled with them and sent them a cashier's check certified mail after getting the settlement offer via email. They got it and say they have filed a "stop service" and that I will get something in the mail in 25-30 days from... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

You can certainly check with the court to see what's been submitted. Otherwise, your answer could simply be "settled by agreement on such-and such a date".

1 Answer | Asked in DUI / DWI for Michigan on
Q: I am on felony probation and was ordered 480 community service. Is it possible to pay some of those hours off ?
Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Typically not; community service hours are ordered for a reason. Best thing to do is talk with your probation officer about what is expected of you and what you can do before it becomes an issue for the judge.

1 Answer | Asked in Car Accidents and Personal Injury for Michigan on
Q: Had a rear end accident not at fault on a highway, cars totaled, my wife have back, and neck pain but I had no insurance

Can I still make a claim on my vehicle on others persons insurance?

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Not for the vehicle; that's (one of) the consequences of not having insurance. You'd be responsible for your vehicle even if the other driver were at fault.

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My dad passed away - does his will die with him and everything is inherited by my mom?

My brother has a power of attorney - it's long and lenghty

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says... Read more »

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1 Answer | Asked in Family Law for Michigan on
Q: How can a grand parent get guardianship over their grandchildren?

One parent in jail the other is addicted to drugs

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Does the child live with the grandparent? Does the father have legal custody? Would the drug-addicted parent agree to guardianship? Is CPS involved? A lot of factors are in play, that you'd have to work through.

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