Erik Stein, Attorney at Law, is dedicated to answering the legal questions of residents and clients in Monroe, MI and the surrounding areas. The information below represents just a few of the FAQ's that are associated with the many areas of Mr. Stein's diverse expertise. Please contact Mr. Stein for additional information about any legal questions or concerns that you may have.
Michigan Wills and Trusts FAQ
What happens if I do not have a will?: Michigan law provides for a pattern of succession that would distribute your assets to your family in the absence of a will. In order to make sure that specific assets are given to specific individuals, in specific amounts, it would be a good idea to draft a will that clearly expresses your wishes.
What is a “living will?”: A living will is a document that reflects your choices in the event that you are disabled and unable to assist in health care decisions. Often these documents are included with a durable power of attorney.
What is a durable power of attorney?: A durable power of attorney gives another person authority to make decisions for you. Typically, they cover financial and health care decisions. They can be effective immediately upon signing or at a time that you later become disabled.
What is a trust?: A trust is money set aside to be administered by a third party ( trustee ) for the benefit of another ( beneficiary ).
Michigan Real Estate Law FAQ
What should I do before I sign a lease?: Be sure that you are familiar with all of the important terms of the lease before you sign it. Check what the rental dates are, what the rental amount is and when it is due, whether you need to leave a security deposit and for how much, the ability to sublet, whether you can have pets, and whether the unit can be occupied by people not listed on the lease. Be sure you agree with all of the lease terms before you sign the document.
How does an eviction work?
- Landlords must follow very specific procedures before they can evict you from your unit. If a lease agreement was signed, the landlord can only evict the tenant for violating one its terms. If a lease is not present, the landlord can evict the tenant for any reason or no reason whatsoever.
- Before an eviction can be filed in court, the landlord must provide the tenant with notice that a case will be filed in court. The length of the notice depends on the type of lease violation that has occurred. If a case is filed and judgment entered against the tenant, the tenant has only ten days to vacate the property.
- Michigan does not allow self-help evictions.
Michigan Criminal Law FAQ
What is a misdemeanor?: Misdemeanors are crimes that are less serious than felonies. Typically, misdemeanors are punishable by one year or less in jail with fines, community service or probation. Typically, jail time is served in a county jail.
What is a felony?: Felonies are more serious crimes such as murder, arson, armed robbery, that are punishable by a term in a state prison. Felony convictions may disqualify you from certain jobs or holding public office.
When am I considered an adult under Michigan criminal law?: For the purposes of criminal law, a person is considered an adult at the age of 17. This means if that if you are 17 or older, you can go to jail or prison if convicted of a crime. If a person is under 17, they would probably be required to go to juvenile court. Age can also make a difference regarding sentencing for certain crimes, such as drug offenses.
Can I get in trouble for having marijuana on me?: Yes. Michigan law provides that possession of any amount of marijuana may be punished by a fine of $2,000 or by jail for not more than a year or both. Using marijuana carries a penalty of 90 days in jail and a fine of up to $100.00.
Drugs and cars?: Driving under the influence is a crime whether it is under drugs or alcohol. Having drugs in your car is illegal if you know about or should know about it.
What is the drunk driving law in Michigan?: Michigan makes it a crime for any person to drive a motor vehicle while under the influence of alcohol or drugs or with an alcohol contact of .08 or more. Minors that caught drinking or possessing alcohol while driving as also subject to the law. A DUI can result in your license being suspended by the Secretary of State and also is subject to other court action.
Erik Stein, Attorney at Law, represents clients in the South East Michigan ( MI ) area, including members of the communities of Temperance, Bedford Twp., Erie, Dundee, Monroe, Luna Pier, Milan, Lambertville, Ottawa Lake, Adrian, Petersburg, Tecumseh, Blissfield, Morenci, Hillsdale, Jonesvillle, Pittsford, Reading, Ann Arbor, Ypsilanti, Plymouth, and Detroit.
Contact Erik Stein today at 734-847-9660 for a free consultation on all of your legal needs, or browse the website for an attorney profile and an overview of bankruptcy law.
