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Questions Answered by Kenneth V Zichi
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...
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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...
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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...
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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 »

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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!

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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 »

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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,...
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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...
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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...
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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...
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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....
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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...
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1 Answer | Asked in Estate Planning for Michigan on
Q: How do I register my deceased fathers pistol?

Both my father and stepmom passed away there was no will and it did not go to probate as there were no assets and me and my sister agreed. My father had a pistol that he carried on him. So how do I get it registered in my name and what do I need to do so? Tried looking online and can’t find any... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2022

I am sorry to hear of your loss, but you've made a critical error in your factual discussion. If there was a pistol, there WERE assets no matter what your sister and you agreed.

You are correct that you probably don't need to go through a 'full' probate if the firearm...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Hello. My mother was a drug addict in the 90's. The state of Michigan took us in and made us foster kids. My grandmother

& I filed missing persons reports and took dental records to the morgue. No one has seen or heard from my mother since. How do I go about filing a claim for unclaimed property If we have no death certificate?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 3, 2022

MCL §700.1207 controls as to having someone declared legally dead so you can get a death certificate.

The requirements are there, but frankly this happens so infrequently that I'd have to sit and read the thing to remember exactly what is needed. Provided nobody has seen or heard...
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3 Answers | Asked in Divorce, Estate Planning and Family Law for Michigan on
Q: I want to dispute Michigans intestancy laws and prove my fathers true wishes for his home, how would i do this?

My sister and I are currently in probate court battling fathers estranged wife over his home. They were in the process of divorce when he committed suicide and I have numerous divorce documents, texts, handwritten notes and witness testimonies that show she was not to have the home. We are... Read more »

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

I'm sorry to say that unless your father put his 'wishes' into a will or other testamentary document, the laws of intestacy are how his estate will be divided. His misunderstanding of dower really won't play into anything here, and if the divorce was not in process (as in filed... Read more »

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Neighbors tree is hanging in our yard. If we cut it it will die. Can they sue us?

The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2022

Normally you can remove branches over your own property without the permission of the person next to you where the trunk is located.

HOWEVER if you kill the tree in the process, that is not permitted. It sounds like you're setting yourself up to fail if you simply cut the branches...
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1 Answer | Asked in Criminal Law and Real Estate Law for Michigan on
Q: I bought a house 7months ago.. 3months ago I noticed it's infested with rats.. do I have any recourse? what to do?

rats in every wall, every ceiling, and now getting into my house. neighbors say person who sold me the house knew about the rats.. I have 3 children. it's not safe anymore to live here with my children.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 27, 2022

This appears to be a question for an exterminator rather than a lawyer. Animals will live wherever they can get in and so long as there is food for them, so removing the ability to get into the house, and getting rid of food sources would seem to be the way to address this.

Did the...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: If I havent lived at a Residence for 2 years but my name is still on the mortgage, is it still my house?

Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no... Read more »

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

Mr Geers is correct, but even if your name IS on the deed, if you don't currently 'live' there 'entering' the house, while it perhaps won't technically be a 'crime', is certainly rude and inappropriate -- unless you're invited in or there is some... Read more »

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2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... Read more »

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

Mr Soble is right, and ideally the divorce judgment REQUIRES her to refinance.

Understand the MORTGAGE company is under no obligation to do anything, and is within its rights to 'ding' your credit if payments are not made as agreed.

The problem here is that if your ex is...
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