After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... Read more »

answered on Jun 24, 2022
The answer to this question is: maybe. There are two different issues. The first is the encroachment onto the neighbor's property. The second is the basement work done without proper permits.
As to the first (encroachment issue), the seller would not be liable to you for that unless... Read more »
Furniture, linens, utensils, flatware, dishes and clothing. Do we just guess what the value could be? The clothing would be donated because none of the heirs can wear the clothing or want them. Is there some type of calculation formula? These items really don't have a monetary value. As far... Read more »

answered on Jun 3, 2022
There are a number of places where you can get inventory values for the things you need.
For valuation of real estate, an appraisal is acceptable but may not be required. Local practice may vary, and other sources of valuation for real estate may also be accepted, such as a Comparative... Read more »

answered on May 20, 2022
By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... Read more »
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 »

answered on May 16, 2022
This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... Read more »
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?
They moved to Florida months ago and left some furniture behind. We closed gave them 2 days per the closing agreement and they are still dragging feet on removing the items. Can we take possession of the house and allow them to come and get their stuff later.

answered on Apr 27, 2022
It sounds like you should be able to take possession and change the locks, but to be sure you should take your documents to a real estate attorney for review. In situations like these I usually tell people they can put the items in storage and give the former homeowner notice that they can come get... Read more »
The facility is located in the state of michigan and the new resident had no POA or a will that would have specific directives.

answered on Apr 25, 2022
Yes, there is nothing illegal about that, however employees of the assisted living facility should not serve as witnesses to the signatures on the patient advocate designation.
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 »

answered on Apr 24, 2022
She can't evict you, but depending on how you guys hold title, whether as joint tenants or as tenants in common, she might be able to file a partition lawsuit against you to have the house sold and the proceeds split between the two of you.
I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... Read more »

answered on Apr 20, 2022
Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.
Think if it... Read more »
To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... Read more »

answered on Apr 14, 2022
The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents... Read more »

answered on Apr 2, 2022
No, not unless it was left to the partner in a will, trust, beneficiary designation, or ladybird deed for example.
Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?

answered on Mar 29, 2022
It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.
I am divorced, cars are titled in my name only and fully paid for, no liens. I reside in Michigan. Michigan SOS (DMV) advised heir will have to pay sales tax - seems strange. Is this correct? My house will transfer without fees on my death.

answered on Mar 23, 2022
I agree with the prior answer. Also, you mentioned that your house will transfer without fees on your death. That may be the case if you've signed a lady bird deed. But if not, then there may be real estate transfer tax that will need to be paid upon transfer of the house to the new owner.
10 yrs. The agreement was for them to pay property taxes for rent. I have not been able to hire an estate atty to get this switched to my name. My brother wants them to have the property free of charge. My parents left a Will with me as executor back in the 1980’s (before I was 18). So these... Read more »

answered on Mar 23, 2022
Well, it depends. Let's take the questions one at a time. First, can those people continue to rent at the property, notwithstanding your parents' deaths? Yes. When the landlord dies, the tenants' leases continue, but they are now with the landlord's estate, instead of with the... Read more »
I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... Read more »

answered on Mar 22, 2022
I agree with Mr. Soble. When your neighbor dumps the twigs and branches back on your property, that is a trespass. You could theoretically sue for damages, but this would be something best resolved out of court between you and your neighbor.
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

answered on Mar 21, 2022
By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... Read more »

answered on May 18, 2021
Yes, a creditor who has a money judgment against you in Michigan can put a judgment lien on any real estate you own. The judgment lien is good for 5 years and can be renewed once for an additional 5 years. The judgment lien cannot be used to foreclose on the property but would need to be paid off... Read more »

answered on May 18, 2021
I agree with the above answer. But it would also depend on whether you own the home as tenants by the entireties with your spouse, and whether the judgment creditor's debt is a joint debt belonging to both spouses. As discussed by Ms. Lions, it would be best for you to get a consult with a... Read more »
Can a defendant file a motion for summary disposition before default has been set aside?
If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?
Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.
My plant was talking about another... Read more »

answered on Jan 13, 2021
You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.
A credit reporting agency has no obligation to remove or... Read more »
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