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Wendy S. Alton

Wendy Alton’s Answers

43 total


  • Do I need a lawyer?

    I was just served with the divorce papers, its my soon to be ex spouse who filed for it. I agreed to agree to divorce. We do not have children nor am I pregnant, we did not invest on properties or get into debt or owned a house. We both agreed to ...

    Wendy’s Answer

    You should most definitely file an Answer within the required time so that you are not in default. You may or may not need a lawyer depending on the circumstances, and it is difficult to answer that definitively without knowing your full situation. Washtenaw County does have low-income assistance for divorce cases, and most attorneys do provide a consultation--some for free.

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  • I am 17, can I move out legally in the state of Michigan without emancipation?

    I have a stable job, and a stable place to stay. I know I am no longer under the juvenile courts jurisdiction. I am considered as an adult, and I would like to know if I can move out without parental consent.

    Wendy’s Answer

    The age of majority is 18, so until you are 18, you are still a minor and your parents are still responsible for you.

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  • As a beneficiary, do I have a right to either a copy or to see the will of my deceased parent?

    This is in regards to both the financial aspects of my last remaining parent's estate and the personal belongings, furniture and momentos. As a beneficiary do I have the right to request an accounting of my deceased parent's estate from the date ...

    Wendy’s Answer

    In Michigan, if a probate estate is opened for your parent, then you can easily see the Will (if there is one) because it will be filed with the probate court. Also, if a probate estate is opened, the personal representative or administrator is required by law to provide an inventory and accounting. Good luck.

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  • I received an Order Rescinding License Suspension (Child Support/Parenting Time) What does that mean? I am currently behind with

    my child support. In June of 2009 my license was suspended.

    Wendy’s Answer

    If it is an Order rescinding a suspension, then your license may be reinstated. Even if you are behind on payments, you generally avoid the harsher penalties if you make regular payments. You should show the letter to an attorney and ask them to help you figure out exactly what it means. Good luck.

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  • How do I go about getting permission?

    My brother has an ex girlfriend that has a child that could be his. His ex won't let him know anything about this child. He would like a DNA test and would like to go to the hospital the day the baby is born and get the DNA samples. Is there a way...

    Wendy’s Answer

    There is nothing that he can do until the child is born. Once the child is born, he can file a paternity action seeking a DNA test. Because they are not married, he doesn't have any right to be at the hospital or require a DNA test unless the mother agrees. Good luck.

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  • I was living with a guy. we broke up i moved out he ened up with two demostics,he is also a drunk that lead up to the incidents

    that accured. however this man stold from me and my children. his ex wife baled him out before i could get the rest of my things out. they have now been in his yard nand house foe 3 months. i went over there and got a few of my things that i paid ...

    Wendy’s Answer

    If someone has property that belongs to you, and they won't agree to give it back, your only legal recourse is to sue them in small claims court or your district court. The filing fee is very minimal, and you do not need a lawyer to represent you. The court clerk can give you the forms to file. Good luck to you.

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  • Can a Judge amend or change a mediation agreement for a divorce decree?

    I have Joint Legal cutody of my daughter she is 3 years old when we went to mediation my X-wife agreed not to live with or expose my little girl to a sex offender... she was found in vilolation and lost custody for a 2 month period. So a Sexual...

    Wendy’s Answer

    The Court must decide issues of custody and parenting time based upon the best interests of the children. Even if parents agree to a particular custody or parenting time situation, the Judge must make an independent determination that the agreement is best for the child. This means that, for example, if you and your ex-wife agree to joint legal or physical custody, and the Judge, after taking testimony, believes that it is not in the child's best interest for you to share custody, the Judge can award sole custody to one of the parents. Custody, parenting time, and child support are all focused on what is best for the child--and the Court can refuse to honor the parents' agreement regarding all three if the Court believes it is not best for the child. Good luck.

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  • What are the duties of a personal representative of a Will/Trust/Estate

    If a personal representative doesnt supply you with information of the property in the estate/Trust to the beneficiaries and not notifying the beneficiaries of a Will or Trust exsisting? Are there any legal repercussion to the personal representa...

    Wendy’s Answer

    You really should contact an attorney and arrange for a consultation. The issues that you raise are too complex to handle in a simple question/answer forum. This involves more than just probate, it involves taxation and potential overdue inheritance tax. Good luck.

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  • What if the personal representative is witholding information about the accounting of the estate/trust and not notifying benefi?

    If the personal representative is a family member and they didnt notifying me of a will/trust/estate of the passing of my father. What avenues can I get the information of the estate/ trust if I cant get it from the personal representative of my ...

    Wendy’s Answer

    You haven't specified if this involves just a trust or if it involves an actual probate estate filed in the county probate court. If this is a trust, you can contact the trust attorney and ask for information. The trust attorney can only give you information that pertains to you, but cannot disclose information that pertains to other potential beneficiaries or heirs. If this is an actual probate estate, then you can go to the probate court and actually look at the probate court file, which will include the identity of the personal representative, the attorney (if there is one), and a copy of the will. Good luck.

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  • I want to file for a divorce from someone who was locked up for 20 yrs but I was married to him for 10 to help support him. Now

    Now he has a disability. I need to know do I have to pay him alimony Our marriage was never consumated. I married him only to support him.

    Wendy’s Answer

    Unfortunately your question cannot be easily answered without many more facts. Alimony or spousal support is based upon a number of factors, and is addressed on a case-by-case basis. You should contact an attorney and arrange for a consultation before you make any decisions. Good luck.

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