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James P. Frederick

James Frederick’s Answers

14,016 total


  • Single mom might be losing her section 8 please help!

    My sister lives in Michigan. She had a boyfriend living with her in her section 8 home. He was abusive and she finally had enough and is in the process of evicting him. Well, being the horrible person that he is, he has called all her workers for ...

    James’s Answer

    I agree with Mr. Powe that this does not seem to be a legal matter. It is more of an administrative matter. She either qualifies for benefits or she does not. It should be possible to straighten this out with the State without involving courts and attorneys.

    James Frederick

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  • Can I remove my dad from a nursing home being his next to Kin if he is signed a PA to a non-family member

    my dad has dementia and was tricked into signing away my right to make decisions for him medically and gave it to his girlfriend's granddaughter can I remove him from the nursing home or do I need her permission to do it

    James’s Answer

    It is likely that the agent under the POA has control over your father's living arrangements. The POA would take precedence over your status as next of kin. If the agent will not agree to allow your father to be moved, then your only real recourse is to file a Petition with the Probate Court to become your father's guardian. There is no guarantee that the judge would appoint you, however, and there are expenses involved in going the Probate route. So you would not want to take this step except as a last resort.

    James Frederick

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  • What are the consequences (if any) when I add my 26 year old son on a Quit Claim Deed?

    He is 26 and in college for his Master's Degree. His main residence address is here in this home. No mortgage involved. I would like to add him with me, survivor takes ownership. He is now in my Will, but would like to avoid Probate if I can make ...

    James’s Answer

    It depends on your objectives. There is an easy way to do this with a "lady bird deed," where you do not give up any rights during lifetime. It avoids probate and he would automatically be the owner upon your death. If you want him on the title right now, then a regular quit claim deed would work. It would be considered a gift, and technically, you should file a gift tax return with the IRS. There would be no tax due, provided you have not used up your gift/estate tax exclusion.

    James Frederick

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  • If I'm suspended from my husbands conservatorship and guardianship, what happens Next?

    I am guardian and conservator of my husband, the fiduciary report which my lawyer was doing was not turned in now I received a letter from court suspending me. Does this mean the guardian ship and conservatorship is no longer in effect?

    James’s Answer

    It is VERY common for this situation to occur. Likely all that is necessary is to get the annual account/report filed. At that time, the court would reinstate you. As of right now, it would appear there is no guardian/conservator legally authorized to act. It is possible for the court to appoint a temporary guardian/conservator, (usually a public administrator), to act, while you are suspended.

    James Frederick

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  • How do I get my tractor back from my deceased brothers house?

    My brother was using my tractor for a while. He passed away in June, his two sons have taken possession of his home and property and refuse to give me my tractor claiming that my brother bought it from me, which is not true. How and what do I do ...

    James’s Answer

    Is there a personal representative for your brother's estate? If so, you request return of the tractor from that person. If not, you could file a police report. You could also potentially sue for conversion. Conversion is both a criminal and civil matter, in Michigan. You can recover double or treble damages, if you prove your case. You should be prepared to prove that the tractor is yours and not your brother's. That may be difficult, if there is no certificate of title. Proof of purchase would help.

    The tractor may not be worth enough to hire an attorney to file suit. You can sue for up to $5k in small claims court in Michigan. Neither side can have an attorney in small claims court. But it gives you your day in court and a good chance that the judge would order the tractor returned to you.

    James Frederick

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  • I need to find a higher judge in traverse city

    I am in adult foster care and would like my own house but cmh is not letting me I've lived on my own before and just cuz I use a walker they are down graden so bad my judge will not let me leave foster care I've had 3 anuruzims and 3 mini strokes ...

    James’s Answer

    In addition to what has already been said, you can request an attorney through the Probate Court. It sounds like your biggest hurdle is going to be medical. In my opinion, you will need to find a doctor that will advocate on your behalf for your returning home.

    You should also make sure that your estate planning is up to date in case you become incapacitated. You want to be able to select who makes decisions for you, instead of the court, if at all possible. If you have already been deemed incapacitated, that may make your situation more complicated. An attorney can help you work within the system to get what you need.

    James Frederick

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  • What is required to settled an estate in Michigan when there is an executor and will?

    My father passed away in August 2015. There are 6 children. There is a will indicating that the estate is to be split among the children. One child is the executor. There is a 30 acre piece of property, hunting and handguns, and unknown. ...

    James’s Answer

    If there is no probate estate open, then there is NO executor. (We call them Personal Representatives, in Michigan). The ONLY way a person becomes Personal Representative is by opening a probate estate and obtaining Letters of Authority from the Court. In your case, the person claiming to be Executor has ZERO legal authority, at this point. He is merely NOMINATED to be Personal Representative, by the Will. That means that he has the highest priority, under the statutes, to be appointed. Since he has failed to file to open an Estate, any of the six children can Apply to the Court to become Personal Representative and take charge of the Estate. You would need to give Notice of your intent to open an Estate at least two weeks prior to filing the documents with the Court. Given it is likely that the nominated Personal Representative will challenge your appointment, you would be wise to retain an attorney to assist you with this.

    The nominated Personal Representative may have personal liability for conveying estate assets to people who may not be entitled to them. He may be liable for up to twice the actual value of the items that were wrongfully distributed.

    James Frederick

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  • How to file for cerificateof completion of the closed will

    we have completed everything and waited the time period/ We just need a certificate stating that all is completed.

    James’s Answer

    Depending on the county you are dealing with, they may issue it themselves, or they may wait until YOU file the form. You can certainly contact the court and ask them their policy. The actual form can be found, here:
    http://courts.mi.gov/Administration/SCAO/Forms/courtforms/estatestrusts/pc592.pdf

    James Frederick

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  • Do i have to change the name on my husband's death certificate

    I have not lived with my husband for a couple years,legally we are married,he passed away and his girlfriend put her name on the death certificate, do i need 2 put my name on the death certificate Thank you Cindy Baxter

    James’s Answer

    I guess that depends. Did she "put her name on the death certificate as the "informant," or as the "surviving spouse?" If she is the person who gave the funeral home the information for the death certificate, then it may be totally proper for her name to be there, and it should not affect you in any way at all. If she is listed as the surviving spouse, then that is something else entirely, and I would have that changed.

    As the surviving spouse, you may have rights to part of the estate, depending on facts which are not included in your summary. If that is the case, you may need to initiate probate proceedings in order to pursue your rights. You should consult with a probate attorney if you have additional questions or concerns.

    James Frederick

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  • Can a "secret marriage" in Michigan, permitted under MCL § Ch. 551, later be made into public record? If so, how?

    I am wondering if it is possible to get a secret marriage license (otherwise known as a marriage license without publicity) that was issued 20 years ago, made into public record.

    James’s Answer

    I do not know the answer to your question, offhand. I would think that you may be able to get an answer from the County Clerk's office, however. The Wayne County Clerk's office can be found, here:
    http://www.waynecounty.com/clerk/index.htm

    It may depend on why the license was issued without publicity, previously, and it may require the consent of Both parties to make it public.

    James Frederick

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