Posts Categorized: ASK THE LAWYER

My 82-year old father has been in a nursing home for a little over a year. I am worried that he will run out of money in the next two years. What are my options?

This is a question we deal with all the time. There are legal ways to do “Medicaid planning” and possibly some “gifting” of his assets (as long as it’s done in the right way). You didn’t say whether your father is married so I will give you a couple of options. If he is married,… Read More »

I have lived in a Condominium Development for about 3 years and there has never been a Condominium Association Meeting. Should I be concerned?

Yes. The law of the State of Michigan requires a Condominium Association be formed to manage all of the business affairs of the Association. The law also requires the Association to meet at least once a year to accomplish this and to elect its Board of Directors. The Board of Directors of the Association sets… Read More »

I was t-boned by a car that ran a stop sign. The driver of the other car was a teenager and did not own the vehicle, his parents did. Can I sue his parents for my injuries?

Yes, Michigan has what is known as the owner liability act. Under this law, the owner of a car is liable for any injuries caused by the driver of the car if the car was being driven with the owner’s consent or knowledge. Knowledge or consent is presumed if the car is driven by the… Read More »

I have been falsely accused of rape. The Judge has ordered that I be allowed to take a polygraph, but the results will not be used at trial. Can the Judge do this?

The short answer is yes. Under the law, MCL 776.21, if you are charged with criminal sexual conduct and you wish to take a polygraph you must be provided with the opportunity to do so. However, the results are not necessarily admissible at trial. During a trial, the Judge will determine what is admissible at… Read More »

Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.

There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »

What is included in Child Support?

Question: I pay about $3,000 in child support each month and my oldest just started college. I pay $1,000 per month to the school toward tuition and room and board. Can I deduct this payment from the child support and pay only $2000? Answer: In Michigan the answer is no in most cases. Because the… Read More »

I recently had some improvements done on my house. One of the workers filed a construction lien against the property about two years ago. It has not been discharged and there have been no lawsuits filed. I may sell my house soon. How can I get rid of the lien?

A person who properly files a construction lien must file a court proceeding, often a foreclosure, to collect on the lien within one year from the date the lien was recorded. If this does not happen, the lien automatically expires. If the lien continues to interfere with the sale, the person filing it can be… Read More »

Can I use Medical Marijuana While on Probation?

Question: Last year I was sentenced on the crime of drunk driving. The Judge put me on probation, and as part of my probation she ordered me not to use any illegal drugs. I just recently obtained my medical marijuana card. Although I am still on probation I can smoke medical marijuana now that I… Read More »