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Michigan Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Felon on parole caught with firearm in Michigan, can charges be cleared?

I have a friend who is currently incarcerated in Michigan. He is a felon who was on parole for 9 months without any prior violations. Recently, he was arrested for possessing a firearm, leading to charges of felon in possession of a firearm and a parole violation. Given Michigan's laws on... View More

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2025

No. Michigan law - like every state - is pretty clear that when you are a felon, you cannot possess firearms unless and until 3 or 5 years have passed since completion of incarceration / parole AND you properly apply for your gun rights. Since your friend is currently on parole, he is legally... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Domestic Violence for Michigan on
Q: How to remove son from deed and evict him in Michigan?

I need legal advice on how to remove my adult son's name from the deed of my house and how to legally evict him. He does not contribute financially to the house, and there is no contract regarding his residency. He's unwilling to cooperate in resolving this issue and has become... View More

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2025

You cannot simply take someone's name off a deed. And because of that, you're going to be unable to evict him as, legally, he also owns the house.

If you have fear for your safety, you may want to look into obtaining a PPO.

1 Answer | Asked in Estate Planning and Contracts for Michigan on
Q: Can I use power of attorney to claim my incarcerated fiancé's vehicles in Michigan?

I have a power of attorney from my fiancé, who is incarcerated until 2030, and I need to know if I can use it to claim his vehicles. The vehicles are titled in his name; one is fully owned, and the other has a lien. He wants me to take possession of them because they can't sit idle until... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 5, 2025

Yes, if the document was correctly prepared and gives you that authority. The purpose of the power of attorney document is to convince whoever you need to convince (such as an impound yard that has possession of the vehicles) to allow you to take the vehicles.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Do I have to pay rent after my lease expired and moved out?

My lease ended on May 4th, and I moved out on that date after notifying my landlord of my intent to vacate two weeks prior. There is no month-to-month clause in the lease agreement, and I returned the keys on May 4th. Despite giving written notice, my landlord did not respond and is still charging... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 29, 2025

If your lease expired, you moved out and returned the keys and gave them WRITTEN NOTICE (not a phone call or text message!) of your forwarding address to get your security deposit within 4 days of move out, then you have no obligation to do anything more (including paying rent!) but the LANDLORD... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: House purchase: Neighbor's dock encroachment hindering renovations - need steps to resolve moving dock.

I purchased a house, and the neighbor's dock is encroaching 2.5 feet onto my property, as shown on the survey. Despite verbal assurances from her and the realtor that it would be moved, almost a year has passed without any action. I also sent a text message offering assistance to move it, but... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 29, 2025

My short-hand answer is that a verbal agreement is worth the paper it is written on. Text messages doubly so.

If you completed the purchase BEFORE the encroachment was addressed that tells me you didn't really care about it, and apparently, your neighbor thinks the same thing....
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6 Answers | Asked in Bankruptcy for Michigan on
Q: Can Chapter 7 bankruptcy in Michigan take my car valued at $2,000?

If I file for Chapter 7 bankruptcy in Michigan and have no income or possessions valued over $800, except for my paid-off 2012 Ford Fusion with a Blue Book value of $2,000, which is essential for transportation, can they take my car?

Robert Keyes
Robert Keyes
answered on May 27, 2025

No. You can exempt over $10,000 worth of anything. I always tell my clients let’s pretend you have $12,000 laying on your dining room table. You then list things that you own. And then you can use that $10,000 to buy things off the table. You can also exempt money in the bank by using the money... View More

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6 Answers | Asked in Bankruptcy for Michigan on
Q: Can Chapter 7 bankruptcy in Michigan take my car valued at $2,000?

If I file for Chapter 7 bankruptcy in Michigan and have no income or possessions valued over $800, except for my paid-off 2012 Ford Fusion with a Blue Book value of $2,000, which is essential for transportation, can they take my car?

Edward Gudeman
Edward Gudeman
answered on May 28, 2025

Both the federal and the state exemptions would cover the value of your car. There are two sets of exemptions that can be used by a Debtor to exempt property from being included in the bankruptcy estate. Either one should suffice to protect your interest in your car and allow you to retain it.

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and Internet Law for Michigan on
Q: Boyfriend deported and banned from ESTA, visa denied; seeking advice for marriage plans and understanding ban.

My boyfriend from Germany had an approved ESTA and planned to visit the United States for several months to meet me, fulfill a pre-marriage requirement, and celebrate Christmas and his birthday with friends. Upon arrival at O'Hare airport, he was questioned, had his electronic devices seized,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 24, 2025

The fiancé visa route does not require that your boyfriend meet you in the United States. Both of you can meet anywhere in the world. You should plan a meeting wherever both of you can travel to and document that meeting so that you can fulfill the physical meeting requirement sufficient to allow... View More

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2 Answers | Asked in Business Law, Consumer Law and Civil Litigation for Michigan on
Q: Can we sue for punitive damages in a mortgage fraud case with refinancing issues?

We refinanced a 30-year mortgage with 3 years remaining, and we were told the refinance was approved for a short term. However, after my wife's passing in September 2024, I discovered that the new mortgage is for 30 years instead. Despite attempts to contact the mortgage company, they have not... View More

Edward Gudeman
Edward Gudeman
answered on May 19, 2025

It is possible to pursue a lawsuit for punitive damages under a mortgage fraud cause of action in Michigan, provided certain conditions are met. Michigan law allows for punitive damages in cases involving fraud, where the conduct is extreme, willful, and intentional, and where the fraud results in... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Michigan on
Q: Impact of handling a car accident improperly on claims or legal issues.

I was involved in a car accident where I hit another vehicle's rear, causing it to flip. I moved my car to a parking lot rather than staying at the crash site and did not approach the other vehicle. I provided my account to the police but did not take photos or gather witness info. Could the... View More

Tim Akpinar
Tim Akpinar
answered on May 21, 2025

Photos would have been helpful. If the car is not yet repaired, you could look into the possibility of photos at this point. As far as moving the car, insurance carriers and attorneys realize that cars often do need to be moved from their original positions in the interest of restoring traffic... View More

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2 Answers | Asked in Criminal Law and Internet Law for Michigan on
Q: Can I get in trouble if an online contact lied about their age? In MI, met someone online claiming to be 18, later found out they were 17. No lewd images, just flirtatious texts. Could I get into legal trouble if they press charges despite having proof of their age misrepresentation?

I met someone online through Valorant and Discord who initially told me they were 18. We flirted for a couple of days, but I became suspicious and asked them to confirm their age. They showed me an ID revealing they were actually 17, two months away from turning 18. Our interactions included only... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 13, 2025

It is unlikely that you will face any trouble over this. Technically, anyone can report anything to the police, but police and prosecutors evaluate intent, content, and harm. A charge is unlikely to be pursued unless there’s clear evidence of grooming, sexual content, or coercion. The person’s... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Seeking advice on filing uncontested divorce and requesting spouse to leave marital home in Michigan.

I have been married for 13 years and would like to file my own papers for a divorce to save money. This will be an uncontested divorce with no children involved, and neither of us wants alimony or retirement from the other. We have split our assets, and we plan to split our personal debts between... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

An uncontested divorce without children CAN be something "DIYable" but when you have property such as retirement plans and real estate to divide the phrase 'penny wise and dollar foolish' comes to mind if you're doing this to 'save money'.

Making a...
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2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Can I make a contract to search a sold property for hidden money?

I'm aware of a high probability that there might be hidden money in a house that my great-grandfather owned. The property has since been sold, and the new owners are unaware of this potential hidden money. I want to approach the current owners with a contract that allows us to search for the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

Generally speaking, you can enter into a contract to do anything so long as it is not illegal or against public policy.

So, no, you can't legally enter into a contract to murder someone, but you CAN enter into a contract to search a property with the owner of that property on whatever...
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3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a...
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3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

David Soble
PREMIUM
David Soble
answered on May 12, 2025

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

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2 Answers | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Michigan on
Q: Understanding Michigan eviction law after foreclosure and canceled writ.

I am a tenant in Michigan whose home went into foreclosure. The bank issued a writ of eviction, but later canceled the eviction process. I'm trying to understand the implications of this situation regarding Michigan’s eviction laws under MCL 600.5701 to 600.5750. Specifically, what does the... View More

David Soble
PREMIUM
David Soble
answered on May 6, 2025

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

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3 Answers | Asked in Bankruptcy, Business Law and Business Formation for Michigan on
Q: How to prioritize repayment of personal guarantees when dissolving LLC without legal issues?

When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More

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

You need to ask whether there is advantage or virtue in not showing preferential treatment. If you don’t have enough to repay everyone in full, you might want to use your own best interest as the criteria for deciding who to pay. An attorney could help you to choose between different options to... View More

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3 Answers | Asked in Bankruptcy, Business Law and Business Formation for Michigan on
Q: How to prioritize repayment of personal guarantees when dissolving LLC without legal issues?

When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More

Edward Gudeman
Edward Gudeman
answered on Apr 29, 2025

You might want to consider filing for bankruptcy. Chapter 7 will clear all the debt and priority is not an issue, if all the debt you describe is unsecured. If you do not qualify for Chapter 7 or do not want to take advantage of it, Chapter 13 will place all unsecured debt on equal footing.... View More

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3 Answers | Asked in Probate, Foreclosure and Real Estate Law for Michigan on
Q: Should I proceed with probate to sell a foreclosed property in my mother's estate?

I'm going through probate to acquire my late mother's estate, which includes a property currently in foreclosure. There are no other assets. I want to proceed so I can sell the property. The foreclosure process hasn't been completed yet, and my timeline is to complete everything in... View More

David Soble
PREMIUM
David Soble
answered on Apr 22, 2025

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

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4 Answers | Asked in Estate Planning, Probate and Real Estate Law for Michigan on
Q: Can executor transfer home to own name for reverse mortgage in Michigan?

I am the executor of my parents' living trust, which left the assets to be evenly split between my two brothers and me. I have the warranty deed for the house, and I need to buy out my brothers or sell the home within a few months. My brothers agree to be paid their share, with one directly... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.

Upon approval you...
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