Michigan Recent Legal Answers from Lawyers

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491 legal questions have been posted about by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Michigan Recent Legal Answers from Lawyers
Page 5 of lawyers' answers to legal questions about Michigan.

Recent Legal Answers

It is probable that you will be able to renew your F-1 visa as your offense is a pending traffic ticket, but kindly note that the DS-160 visa application form asks whether you have ever been arrested or convicted for any offense or crime. You have not said whether you were arrested, but if not, your offense would not have to be disclosed unless you were directly asked about it during the visa renewal process. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
It is probable that you will be able to renew your F-1 visa as your offense is a pending traffic ticket, but kindly note that the DS-160 visa... Read More

Divorce processing

Answered a year and 10 months ago by attorney Patricia A. Kasody-Coyle   |   2 Answers   |  Legal Topics: Divorce
Good morning. You have several questions in your email which require more information before responding.  I can tell you however, that if there is an agreement on all issues including property division, support, custody and parenting time, then yes the process will go more quickly but there is a statutory waiting period when there are minor children before a final Judgment of Divorce can be entered. Because you have children and are pregnant now, I suggest you speak with an attorney to get a better understanding of your rights and and the divorce process.  I would be happy to speak with you via phone when convenient for you.  My office number is (248) 594-9991. Thanks Patricia Kasody-Coyle Esq Jackman & Kasody PLLC... Read More
Good morning. You have several questions in your email which require more information before responding.  I can tell you however, that if there... Read More

What can we do about second hand smoke in apartment?

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer
what you can do as smoking is banned under the lease, send written notice to the smokers and the landlord that, unless the smoking stops immediately, you will sue them both for nuisance nuisance claims permit collection of attorney fees, your landlord will not want this and should enforce the terms of the lease. a letter from an attorney should be sufficient. the smokers have a right to smoke but only outside. they have no right to smoke indoors, to the extent the term and condition is in the landlord's lease, they are obligated to enforce it as, otherwise, they are breaching YOUR lease because you relied on the no smoking clause as part of the lease. if you are in the tri-county area, I can try to help, otherwise, you will need to find counsel where you are.... Read More
what you can do as smoking is banned under the lease, send written notice to the smokers and the landlord that, unless the smoking stops immediately,... Read More

How can he get probation

Answered a year and 10 months ago by attorney J. Allen Fiorletta   |   1 Answer
Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to keep the defendant under the supervision of the court. For your friends charge, a months-long period of jail followed by a lengthier period of probation is not uncommon. It might be possible to have the sentence modified, but no guarantees.... Read More
Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to... Read More
It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate. Without that there is no point. The right place to start is a PPO against the person. They need to stay off your property. If they own a home, you can sue and claim a lien against their property. If you property is still standing, keep it insured. Good luck... Read More
It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate.... Read More

Return of firearms

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Law
As long as you have no prior felonies, your lawyer can Motion the court to return the firearms. If you do have any felonies, you won't win.
As long as you have no prior felonies, your lawyer can Motion the court to return the firearms. If you do have any felonies, you won't win.

Can two lawyers represent opposite parties

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer
I would like to discuss this matter with you by phone   please contact me at 2 4 8 3 5 3 5 5 5 5    
I would like to discuss this matter with you by phone   please contact me at 2 4 8 3 5 3 5 5 5 5    
If your J1 visa is not subject to the 2 year home residency requirement and you are marrying a US Citizen, then you can file to adjust status after marriage to apply for your green card. 
If your J1 visa is not subject to the 2 year home residency requirement and you are marrying a US Citizen, then you can file to adjust status after... Read More
This is an EXCELLENT question. The evidence of a dog's scent is permitted under the doctrine of the plain view exception. The first case on this held that a policeman seeing evidence of crime through the window of a car or a home removes the warrant requirement of the constitution. The reasoning behind this is the expectation of privacy, if incriminating evidence is hidden from view, the shade is down or its under a blanket, a warrant to search is required because you have an expectation of privacy because what you are doing is NOT in plain sight. So the dog situation is under the plain view exception because the dog can smell what is in the air, in plain view of their nose so to speak. But if they have to bring the dog into your home or car to make the discovery, then a warrant is needed.   Best of luck to you and I hope that you never have this area of law affecting your life.  ... Read More
This is an EXCELLENT question. The evidence of a dog's scent is permitted under the doctrine of the plain view exception. The first case on this held... Read More
It is a negotiation if the car still has payments the contract with the car company spells out if you are relieved of the debt or just have to turn it in if your brother wants the car, he needs to pay for it but the other siblings need to agree on the terms.
It is a negotiation if the car still has payments the contract with the car company spells out if you are relieved of the debt or just have to turn... Read More
I do not know any Veterans' lawyers. I am a real estate lawyer but to thank you for your service I will try and find one for you. if you don't hear from me here in a week, ping my email gb at borman dot net YOu can also call the State Bar Lawyer referal service 800 968 0738   best of luck to you... Read More
I do not know any Veterans' lawyers. I am a real estate lawyer but to thank you for your service I will try and find one for you. if you don't hear... Read More

How close can a neighbors dock be to another neighbors dock?

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You can sue them both for access- the test is reasonableness and neither is being reasonable. The cost of litigating the case for the neighbors would be high. Send them both a letter demanding they give you reasonable clearance or you will be forced to take them to court. Asking them to move their docks 5' is not asking much.... Read More
You can sue them both for access- the test is reasonableness and neither is being reasonable. The cost of litigating the case for the neighbors would... Read More

What rights does my son's father have?

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Paternity
Until you terminate his rights, he has them. Th situation you describe would support a court terminating his rights
Until you terminate his rights, he has them. Th situation you describe would support a court terminating his rights

Is a direct message communication between two people able to be used in court

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
the writing might satisfy the Statute of Frauds  the Statute holds that all contracts for real estate must be in wirting and evidence agreement by both sides there may be a contract here a court might enforce
the writing might satisfy the Statute of Frauds  the Statute holds that all contracts for real estate must be in wirting and evidence agreement... Read More

How can we add an Accessory Dwelling Unit to our property?

Answered a year and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You need to hire a real estate lawyer in your area   Call the state bar lawyer referral number 800 968 0738
You need to hire a real estate lawyer in your area   Call the state bar lawyer referral number 800 968 0738
Every lease comes with a implied right of quiet enjoyment. This could be grounds for holding them in breach of the lease. You have to send them written notice to that effect. I assume most of the work is daylight hours for the real noise but your after hours enjoyment seems curtailed. Send the demand in writing and see how they respond.... Read More
Every lease comes with a implied right of quiet enjoyment. This could be grounds for holding them in breach of the lease. You have to send them... Read More
If mom has no will and the home is titled in moms name alone, then moms home would pass to her husband and children under intestate succession. If mom had no husband then her children would be given the home. You need to open up a probate in the county where mom passed and get yourself appointed as personal representative of moms estate. Once you're appointed, you can start eviction proceedings to evict your aunt. You should retain counsel in your jurisdiction to handle all of this. ... Read More
If mom has no will and the home is titled in moms name alone, then moms home would pass to her husband and children under intestate succession. If... Read More

Michigan truthful act with renting

Answered a year and 11 months ago by attorney Gilbert Borman   |   1 Answer
The bedbugs are a breach by the Landlord LL of the Warranty of Habitability. You can send a writing demanding release from the lease or demanding, that if they do not release you, they have to fix the problem. Should they not fix it, you can take them to court and recover any money you spend fixing the problem. You can also send a writing telling them that you will be putting next month's rent in an escrow account until they fix the problem. If you say you will do it, you better do it. Since you are allergic, ending the lease makes the most sense. Good luck... Read More
The bedbugs are a breach by the Landlord LL of the Warranty of Habitability. You can send a writing demanding release from the lease or demanding,... Read More

How long can I be garnished for a past debt?

Answered a year and 11 months ago by attorney Gilbert Borman   |   1 Answer
you need to file an objection to garnishment look for the SCOA form
you need to file an objection to garnishment look for the SCOA form

Can one tenant in common create a joint tenancy with rights of survivorship?

Answered a year and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees or heirs, the quit claim might be valid. If there curretn tenancy does have a right of survivorship to the other JTs, the new deed is invalid.... Read More
IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees... Read More
If there is a warrant, you need to address it. You might be able to go to the memorial but, depending on how bad the police/court want you will determine if you will get arrested at the memorial. If you fly, there is no guarantee you will not be greeted at the airport. if it is just a mindemeanor, call the court and tell them when you are going to come in and be arraigned. Warrants last forever.... Read More
If there is a warrant, you need to address it. You might be able to go to the memorial but, depending on how bad the police/court want you will... Read More

rental car insurance

Answered a year and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Insurance
Legal yes, advisable NO!. The problem is nothing requires you to have insurance but, if the renter does not have it, YOUR insurance does not kick in as YOUR coverage only starts if the renter has a policy. So if an uninsured renter gets in an accident, you have no coverage. You must mandate insurance to your renters; if they claim they have a policy, you need to verify it is in force otherwise 1 accident could cost your company millions. You really need to make sure that you are doing business in the proper corporate form and cannot be personally liable.... Read More
Legal yes, advisable NO!. The problem is nothing requires you to have insurance but, if the renter does not have it, YOUR insurance does not kick in... Read More

File a response to a summons

Answered a year and 11 months ago by attorney J. Allen Fiorletta   |   1 Answer
If you have been served with a summons and complaint, make sure that you are mindful of the deadline for filing an answer. Failure to do so could lead to a default being entered. If you are just looking for someone for file an answer, you may have difficulty finding someone to just do that. I would encourage you to speak with a lawyer about representing you throughout the entire case.... Read More
If you have been served with a summons and complaint, make sure that you are mindful of the deadline for filing an answer. Failure to do so could... Read More
In theory, the Debtor in a bankruptcy can cancel or reaffirm each debt they have it could be tricky here as the debts might have contract language referencing each other and are held by the same creditor. Your bankruptcy attorney ought to be able to advise you best on this   good luck
In theory, the Debtor in a bankruptcy can cancel or reaffirm each debt they have it could be tricky here as the debts might have contract language... Read More

Seller is breaking terms of PA.

Answered a year and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Buyers can sue for Specific Performance and, if the contract says so, get their attorney fees.
Buyers can sue for Specific Performance and, if the contract says so, get their attorney fees.