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Michigan Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: I was convicted of “misdemeanor aggravated assault” on 7/31/2014. When will I be able to purchase a firearm?

Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2022

You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.

1 Answer | Asked in Criminal Law for Michigan on
Q: My 18 year old daughter is being supplied alcohol from her 30 something year old boyfriend. I have texts stating he has.

I have video proof she has posted on her social media and pics she has also posted (from her home). The police have been called, they didn't file a report on the man, they filed a report on my daughter as a welfare check. What can I do legally?

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

With your daughter being 18, not a whole lot more you can do. The relationship issues you will need to work through are more profound and nuanced than any legal issue present.

1 Answer | Asked in Education Law for Michigan on
Q: School wants to hold back my child 2 years in a row. Can they do this?
Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Possibly. Does your child have an IEP? Have you requested your child be evaluated for services? Has the school provided all services? Those are more pressing questions at this time. A school generally has no interest in holding a child back arbitrarily.

1 Answer | Asked in Divorce for Michigan on
Q: Ex-wife received alimony after remarriage without disclosing and has a vehicle she can't afford.

My boyfriend's ex-wife was receiving alimony which was to cease after remarriage. She got married in April and did not tell my boyfriend so she collect a month's of alimony falsely. Because he immediately stopped paying alimony, she didn't pay the car note, that he is a co-signer on,... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Possibly yes to both parts. File a motion regarding the overpayment and file a motion regarding the car.

1 Answer | Asked in Uncategorized for Michigan on
Q: Is the State of Michigan subject to Freedom of Information Act?
Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Yes, with (many) exceptions.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Mom tricked me into signing wrong papers giving her full custody of my children, it was only suppose to be temp.

She tricked me into signing a paper saying that it was temporary, and it was for full custody. She had a lawyer and I didn't I trusted her and she is living her second attempt at raising children with my kids, because I asked for help, she did this in order to relive her lost parenthood, and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

You're not going to get very far arguing you were tricked. You now need to focus on whether there is a legal change of circumstance or proper cause for the court to reconsider custody, and what are the best interest of the child factors.

1 Answer | Asked in Contracts and Collections for Michigan on
Q: Can I request a modification of subpoena that was sent to my former credit union?

I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.

You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: After me filing in the circuit court; how do I update my address change being the court will not entertain the idea?
Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

Every circuit court has a different procedure, but generally address changes can be made directly with the circuit court clerk's office.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Aunt is guardian my rights suspended she lives in Michigan I live in ky do I have to get lawyer up there in MI or KY

Aunt got guardian in MI do I have to go there and get my suspended removed and rights as there mother or can I do all this where I live in KY

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

If the case is in Michigan then you would need to petition to terminate the guardianship here in Michigan or with a Michigan attorney.

1 Answer | Asked in Estate Planning for Michigan on
Q: I know cars & house must be appraised. How do you calculate the other inventory items? See below

Furniture, linens, utensils, flatware, dishes and clothing. Do we just guess what the value could be? The clothing would be donated because none of the heirs can wear the clothing or want them. Is there some type of calculation formula? These items really don't have a monetary value. As far... Read more »

Trent Harris
Trent Harris
answered on Jun 3, 2022

There are a number of places where you can get inventory values for the things you need.

For valuation of real estate, an appraisal is acceptable but may not be required. Local practice may vary, and other sources of valuation for real estate may also be accepted, such as a Comparative...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: In Michigan. For a small probate estate do you have to list value for old bed sheets and towels and costume jewelry?
Kenneth V Zichi
Kenneth V Zichi
answered on Jun 2, 2022

Do these items have significant value or will they be an issue in how the estate is divided?

At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.

I’d strongly recommend you consult with a...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: Is the only way to petition for a name change in Wayne County through probate court?
Brent T. Geers
Brent T. Geers
answered on Jun 2, 2022

Probate courts has subject matter jurisdiction over name changes.

3 Answers | Asked in Real Estate Law for Michigan on
Q: I’d like to keep house I bought with girlfriend but she will not let me buy her out nor will she agree to sell…

She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?

David Soble
PREMIUM
David Soble
answered on Jun 2, 2022

A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... Read more »

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1 Answer | Asked in Car Accidents for Michigan on
Q: Own Toyota Rav4 '08, Removed key, still running. Backed into car while I away. $500 deductible. Can I charge Toyota $500
Brent T. Geers
Brent T. Geers
answered on Jun 1, 2022

You can, although I don't know how successful you will be. You'll probably need to file a claim against Toyota.

1 Answer | Asked in Employment Law for Michigan on
Q: After telling me the working hours for a job I said sure I can work them but I have religious observation one Saturday a

Month, she then told me I would not be a good fit around here and then she ended the call.

This is religious discrimination right?

Brent T. Geers
Brent T. Geers
answered on May 30, 2022

Unlikely. From your question, it sounds like you were still in the interview stage. You offered - they didn't ask - a reason why you couldn't work the hours they wanted you to work. Their reason for not hiring you may be entirely due to your unavailability for the hours they need you,... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: My spouse died in Feb 2022, in Indiana. We have not lived together for 10 years, but never divorced. I live in MI

What am I entitled to?

Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 27, 2022

An Indiana attorney should be able to answer those questions for you. There are some states where being somewhat estranged or abandoned may eliminate your otherwise possible share in their estate.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Landlord says sign new lease in 7 days or be evicted and also has last months rent.
Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 27, 2022

Well it sort of depends on where you are in the tenancy and what the landlord means that you will be evicted.

Hypothetically, if your lease expired or your otherwise you're under a month-to-month tenancy and imagine that on Monday the 23rd the landlord told you to sign or you're...
Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?

A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same "modifications"... Read more »

Adam Alexander
Adam Alexander
answered on May 27, 2022

I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.

1 Answer | Asked in Family Law for Michigan on
Q: My spouse died in Indiana in Feb 2022. I just found out. We have not lived together for 10+ years but never divorced.

I LIVE IN Michigan. What am I entitled to?

Brent T. Geers
Brent T. Geers
answered on May 27, 2022

You will need to consult an Indiana probate attorney. In many cases, you would still be entitled to a spousal elective share. What that is worth depends on what your spouse had at the time of death and how your spouse held that property.

1 Answer | Asked in Criminal Law for Michigan on
Q: My14-year-old daughter assaulted another student at school And broke her nose & it’s on video should I get a lawyer?

My14-year-old daughter assaulted another student at school And broke her nose & it’s on video.

But the student was harassing my daughter first. The parents pressed charges count1 aggravated assault count 2 assault and battery. My daughter is A straight a student never have been in... Read more »

Brent T. Geers
Brent T. Geers
answered on May 26, 2022

Yes, you should get a lawyer for your daughter. Otherwise, one may be appointed for her. Juvenile charges can have serious consequences for your daughter's future.

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