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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Probate for Michigan on
Q: If a quit claim deed doesn’t say rights of survivorship is it void?

Deed is made out subject to quit claim deed made out at the same time.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 1, 2024

A deed does not HAVE to reference survivorship to be ‘valid’ but it WILL impacct HOW it works.

Without seeing the deed and understanding exactly what your question is, an answer is impossible though.

I’d urge you to bring the document(s) to a licensed local attorney to...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: My family home has been left to me. How do I get my name on the deed? The deed is clear. What do I do now?

Family who lived there is dead. I'm paying the back taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 26, 2024

That depends on how it was 'left' to you.

By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.

By Will? Probate the estate and the PR can transfer by deed.

Some other way? Some other...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Lease does not include MTM fees, but being charged anyway.

Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2024

In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….

1 Answer | Asked in Consumer Law and Probate for Michigan on
Q: michigan. my mom is only one on car title. she died dec 2022. it's bequethed to me in will. no probate. everything joint

ly owned except car. i'm executor/personal rep of will. i've been driving it and paying the car loan and ins monthly since dec 2022. tabs are now expired. everything still in her name. lien on car. can't transfer title, not enough $$ for pay off. neighbor says i can register the car,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2024

Well -- you COULD lie and claim to be your deceased mother, and renew the plates, but then you have to also lie to the insurance company and risk getting caught in insurance fraud .... etc. I'd suggest that isn't such a good idea.

Can you get new tabs for the car without...
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1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Probate for Michigan on
Q: I am the PR and our probate is done but not closed. The house was sold & my attorney didn't have time to provide a deed

so the realtors office took care of it.

Now my attorney wants to charge me more for a deed to a small piece of vacant property left to my sister and I. I am giving my half of the property to my sister. Is the property now part of the estate?

Can I send a quick claim deed to the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2024

If you already have an attorney it would be inappropriate to answer here, however, since there is no such thing as a ‘quick claim deed’ it IS clear you need legal help to complete the probate.

If there is property in the estate it isn’t ‘done’. If you want a second opinion you...
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1 Answer | Asked in Estate Planning for Ohio on
Q: I have been ask to sign a waiver to administer the estate Ohio code 2113.06 what dose this mean and should I do it.
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2024

You need to ask this question of an OHIO lawyer but in general, a 'waiver' means you agree with something and will not be appearing in court to contest what is being asked.

HOWEVER, if you want specifics including what that Ohio code number means, you need to consult with someone...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?

I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 7, 2024

Mr Soble is exactly correct, but to expand on that, you ask "what good is a contract then".

The contract protects the rights of the buyer, and provides them EQUITABLE title to the property while you retain LEGAL title. If you don't understand the difference between those two...
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1 Answer | Asked in Probate for Michigan on
Q: An attorney was hired by a proposed PR, someone else was elected PR. Does the estate have to pay the attorney fees?

The attorney has made a claim against the estate, provided a brief description, no billing, no agreement, was not hired by the PR of the estate. Did not assist the PR of the estate. The PR appointed has not used anything from the attorney. What can be done to fight the attorney fees? What type of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 5, 2024

Assuming the PR has an attorney (and if they don't they SHOULD!) the attorney hired can respond to the claim.

There are deadlines for responding to a claim so be sure you adhere to those deadlines and if you don't already have an attorney get one ASAP to insure you have time to...
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2 Answers | Asked in Estate Planning for Michigan on
Q: I want to get a trust.My son is behind on child support, if I have my sister be the executor can child support take it

The mother is a drug addict and she would blow anything she got on herself.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 25, 2024

Mr Taylor is right, and further, if the mother and the local friend of the court are sophisticated enough, they can 'attach' any distributions from the trust making it less than useful in the first place.

The SOLUTION probably lies in the domestic courts here, and the longer your...
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1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: When Trusts are created in Michigan, can it exclude spouse as being a beneficiary of property purchased during marriage?

Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.

Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.

This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.

A local licensed estate...
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1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: Question: daughter owes me $3,000.00, clear debt for zero inheritance

I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: I bought a vehical the title says the owners name and it says trust how can I get title transfered to my name michig
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

You will need to do that at the secretary of state's office, and they will need to see some sort of 'proof of trust existence and authority' for whoever actually signs the title. The Trustee (person who generally has the authority to act for the trust) should be able to provide that,... View More

2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My mom wants to remarry and he will move in with her, I’m on the deed what’s happens to her house if she passed away?

She is 84 he is 72 my wife and I are on the house deed

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?

There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: dad quitclaimed house to brother before he died. "terms of sale" is listed as 26-partial interest, what does this mean

My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?

These are all questions that need answers before you can get any meaningful information ... I have NO clue what a...
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2 Answers | Asked in Probate for Michigan on
Q: Is an attorney necessary to file an Application for Informal Probate Court form in the State of Michigan?

My husband’s father died recently, his sister is the PR and she will not share a copy of the will or trust with my husband. According to her, these documents were updated recently.

We are wondering if filing an Informal Probate request with a 2018 will have the effect of her having to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

The PR cannot 'just decide' to not share documents. Michigan Probate REQUIRES sharing things like a death certificate, petition to open probate and also any Will covered by probate. Sharing the text of the trust with the named beneficiaries is also 'just good form'.

It...
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1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Michigan on
Q: So when my dad passed away and he says we get 50% of whatever he has. We have to wait till my stepmother dies to get our

To get our inheritance.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.

I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

Are you SURE the deed acts to immediately transfer ownership? Has it been recorded? Mr Morris is correct, but if you're still uncertain, 'asking on the internet' is not going to net you actual legal advice. I would urge you to consult with your own lawyer or at least the one who... View More

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