Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kenneth V Zichi
2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: A year almost and nothing done and I’m still getting damage done every time with heavy rains

Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 13, 2022

I concur your best results will be with a local real estate attorney in your corner.

But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did...
Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: In Michigan. For a small probate estate do you have to list value for old bed sheets and towels and costume jewelry?
Kenneth V Zichi
Kenneth V Zichi
answered on Jun 2, 2022

Do these items have significant value or will they be an issue in how the estate is divided?

At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.

I’d strongly recommend you consult with a...
Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: I’d like to keep house I bought with girlfriend but she will not let me buy her out nor will she agree to sell…

She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 2, 2022

50/50 Tenants in common or 50/50 Joint tenants with rights of survivorship? Based on the facts you provide it is impossible to answer your question.

The distinction matters, and the 'magic language' is not something that people other than lawyers ever really think about! Get thee...
Read more »

View More Answers

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hello. Im in Michigan and I am filling out informal probate / personal representative form 558. I'm stuck on question 9.

I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child

Kenneth V Zichi
Kenneth V Zichi
answered on May 23, 2022

The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.

If you don't...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.

The wife is trying to sell the land in SC but this issue arose... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on May 16, 2022

Mr Harris is correct, and indeed, if there is no Michigan property to probate, you may be able to JUST file a SC probate action to deal with the property there despite the residency of the deceased.

Again, get that SC attorney opinion to verify what and how you should proceed. It would be...
Read more »

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?
Kenneth V Zichi
Kenneth V Zichi
answered on May 12, 2022

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning...
Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: If a agent sells me a house without disclosing that the next door neighbor is a drug house or drug dealer, can I sue?

If yes - How do I determine damages?

Kenneth V Zichi
Kenneth V Zichi
answered on May 10, 2022

Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is it illegal for a real estate agent to digitally remove A Property Surveyors Property Markers from a Real Estate Listi

Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2022

You mean in the PHOTOS of the listing?

It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.

I remember as a young adult looking at a house that was in my price range and the photos in the listing were all...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for Michigan on
Q: Who lists Deaths or estates in the local paper?

We hired a lawyer to represent us in the estate of my wife's deceased father. We thought everything was going well as we were filling out asset reports and such we were giving bank accounts to the lawyer and everything seemed normal after 6 months he asked us for our proof and right up for the... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 26, 2022

USUALLY the lawyer handles that, but what did your retainer say about who was doing what?

There won't be a 'problem' since the estate doesn't need to be closed for 12 months, but it is important to be sure you know who will be doing what when you hire an attorney. You...
Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: we sold our cottage on a land contract. The buyer is asking for a quitclaim deed so she can get help with repairs since

she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 24, 2022

There are significant differences between land contracts and mortgages and before you do anything I’d confirm directly with the habitat attorney they won’t help if someone has equitable title instead of legal title and then consult with your own attorney before you do anything.

Most...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can my partner evict me from our home that we both share our names on mortgage or force me to sell the house?

My girlfriend wants her name off the mortgage that we both share. She wants me to refinance and pay her half of equity that's in the house. If I can't afford to pay her half of equity can she force me to sell the home? I have already been approved to take over the mortgage loan by myself.... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 25, 2022

This is essentially a 'divorce' and you need to approach it that way. PLEASE seek local legal representation so you can both get the answer to 'what can she do' (as Mr Harris has pointed out the answer will be different depending on how you own the house!) and what YOU should do... Read more »

View More Answers

2 Answers | Asked in Family Law and Probate for Michigan on
Q: My dad died , he lived with his girlfriend she got a ppo against me I can't get to any paper work , how do I get that
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 22, 2022

You need to hire an attorney to help! The attorney can do whatever is needed to accumulate paperwork, etc. without violating any PPOs.

Trying to DIY this given the PPO is asking for trouble.

Get local representation!

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: How do I file a lawsuit against a company I paid to transfer a timeshare, but now refuses to answer phone calls

The company is headquartered in Indiana, I signed the contract in Michigan.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 15, 2022

Mr Morris is right, and further without seeing the actual contract it is unclear if you even have the ability to sue ... many contracts contain mandatory arbitration clauses which might preclude a lawsuit. It may also be more expensive to arbitrate or sue than you're out at this point so any... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Sold my home and closed. Buyer claims damage to subfloor due to pet stains. Buyer wants to keep $2,000 escrow.

Condition of floors did not change in the one months time the buyers had showing, performed inspection, had final walk through and a walk through again 30 days after closing (30 day occupancy clause). Buyers have been in house for a week and they have two large dogs and I have yet to see proof of... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 10, 2022

Without seeing the accepted offer, closing package and any escrow agreements you signed at the time of closing and before, it is impossible to answer your question cogently.

Did you have an attorney review the closing package and offer? If you accepted an offer without an attorney review,...
Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: how to get a sibling out of a home our parents willed to their 4 children

He's been living there rent free. Title and all bills are in my deceased parents name. Will states that the condo is to be divided by 4 or if all agree the brother can buy us out. I do not agree. What do we do now? My sister is the executive. We signed over our rights as executives in order to... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2022

I assume your sister is the personal representative. Michigan doesn’t appoint executors or executives.

If she’s been appointed by the court she has the authority and is REQUIRED to settle the estate which means selling or distributing the house.

However, the tone of your...
Read more »

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 20, 2022

Without seeing the judgment and any other documents like the garnishment orders etc., it is impossible to provide you any real legal guidance. Did you have an attorney? THAT is the first place you should turn to have this explained.

If not, you need to find a LOCAL (to the area where the...
Read more »

View More Answers

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: My son and I are paying for a house on land contract. I had to provide a Collateral house for first two years of the LC

We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 15, 2022

What does your contract say? What is ‘acceptable’ is largely dependent on what you agreed to and without seeing the documents it is impossible to say for sure.

You need to run mot walk to a local attorney who can review the documents and provide you real advice on this. You should...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can the P.R. of small estate sign a warranty deed?

This deed is in fulfillment of a land contract with the now deceased.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 14, 2022

Yes, but you would be well advised to consult with an attorney who is familiar with real estate and probate law to insure the deed is drafted correctly, DO NOT rely on a 'title company' or 'realtor' who is not licensed to practice law to do this and BEWARE anyone who prepares a... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Michigan on
Q: I just need a couple of questions answered but do not currently have any money. Does anyone do a free consultation?

Is there anyone that could give me free legal advice for free if so who?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2022

MOST attorneys offer limited consultations at no charge.

You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation....
Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Michigan on
Q: In Michigan do we pay taxes after selling deceased parents home

They had no will and we just sold it ( a few years after they passed after getting permission from courts).

There are 7 children splitting the money whom each get about $8,000 each.

They had no other assets or estate to speak of

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 7, 2022

Mr Geers is correct IF the house sold for the inventoried value (or less). If it were inventoried for less than it sold for, there may be capital gains taxes to pay.

The BEST person to ask this of is your attorney who handled the estate (did you have one?) as there may well be other issues...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.