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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Estate Planning for Michigan on
Q: Hi, my uncle had left me a tractor. The loan was agenst his savings. So the savings payed the loan. Im told now that

I have to pay the loan. He put it in writing that it was to be mine. Am i leaglly resonsible for the loan. Even though his savings payed for it? My cousin says i owe her the money.

Kenneth V Zichi
Kenneth V Zichi answered on Nov 26, 2021

Without seeing the documents (the will and the loan documents) it is impossible to say. GENERALLY when there is a lien against a piece of property the person 'inheriting' it needs to pay the loan. SOME wills specify loans should be paid from the estate first and any inheritance is made... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: my dad died. He took out a loan on the house owed by the estate of my dad. Now they are askin me to be named a successor

does this make me liable for the loan

Kenneth V Zichi
Kenneth V Zichi answered on Nov 24, 2021

"Named a successor" to WHAT? Without seeing the proposed paperwork it is impossible to say what they're asking and whether or not you'll be liable for the loan. Seek local legal representation to review the ENTIRE transaction to determine whether or not it makes sense, is in... Read more »

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1 Answer | Asked in Estate Planning for Michigan on
Q: I have an irrevocable trust I would like to gain access to. Is there any legal way to do so.

I am the beneficiary of an irrevocable trust that my father left. The terms are pretty simple. I get 4% a year from the trust, plush 18k/yr for medical, at the banks discretion. The trust began at a bank that has since switched companies 3 times and is now Huntington Bank. When I have asked in the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 22, 2021

You can use one of the several companies (some more reputable than others) that will buy an annuity or other 'stream of payments' like you receive from this trust at a 'discount' and pay you cash up front. This will likely turn out to be MORE Than 5% interest you're paying... Read more »

2 Answers | Asked in Probate for Michigan on
Q: What is the order of inheritance if no will exists? Children.. grandchildren..etc

My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 20, 2021

The ‘order of inheritance’ is spelled out in

http://legislature.mi.gov/doc.aspx?mcl-700-2102.

The bottom line is that if it is in the name of someone no longer alive, probate should have been started but if it isn’t the priority to begin probate lies with a surviving spouse...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I just found out my land contract seller never signed any contract but told me he did what are my rights

I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 20, 2021

A contract in real estate in Michigan needs to be written. If you didn’t both sign, you don’t have a contract. You can TRY to claim otherwise but there isn’t a great chance of success.

You MAY have more success claiming the payments you DID make were accepted under false pretenses...
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2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: I want to sue out Mortgage co for wrongful foreclosure. We were denied a modification in 2019

We appealed at least 3 times and during the last appeal, mortgage co repeatedly told me that they needed more time. Final call to mortgage co to see what was going on they told me we ran out of time because the house sold at auction on that very day. They said they sent a notice which we did not... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 14, 2021

I focus most closely and strongly agree with Mr Geers in emphasizing that nobody is ENTITLED to getting a modification to a mortgage or any other kind of loan agreement. To the extent it is available, great, and if the other side 'played games' and prevented you from complying with the... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If MLS stating Seller "is installing new hot water tank and clear surfacing asphalt driveway" and mls # is inserted into

Purchase agreement next to tax ID # - are those representations legally binding on Seller? Seller now refuses to provide proof those actions were done. Does Buyer have recourse?

Kenneth V Zichi
Kenneth V Zichi answered on Nov 4, 2021

Ate the sealing and hot water heater MENTIONED in the offer to purchase?

If not then the terms of the offer don’t imply anything. If it says ‘subject to the promises in mls#x’ then maybe. If it simply mentioned the number— that is going to be a ‘hard sell’. This is one of the...
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2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 29, 2021

I agree particularly with the likelihood that the issue may have been waived by your acceptance at closing. Without seeing the entire closing package including the offer and the ‘punch list’ of repairs required it is hard to say for sure.

If the real estate people put IN WRITING that...
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1 Answer | Asked in Estate Planning for Michigan on
Q: My grandmother recently died and she has trust in which her house is a part of. My aunt is the beneficiary. Can I see it

My mother (daughter of grandmother) is no longer living as well. Do I receive any portion that my mother would have gotten from the Trust

Kenneth V Zichi
Kenneth V Zichi answered on Oct 25, 2021

Without seeing the trust it is impossible to answer your question.

You should ask your aunt to get a copy of the trust and then take it to an attorney to review and you will be able to get those answers.

— this answer is offered for information only and does not constitute legal...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I need to sell my home but other person on deed refuses to

The home is being rented out by someone that can’t find another place to live but I need to sell the home due to financial hardship. We are on the mortgage together. What are my options since the other party refuses to corporate?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 24, 2021

That depends on how the other person and you own the property jointly — as joint tenants with rights of survivorship or as tenants in common …

You need to take your deed (the mortgage is not relevant in selling the property as it will just need to be paid off at the closing in any case)...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I am currently an owner as tenant in common with several of my siblings of a vacant piece of low value property in MI

that we would like to sell to an adjacent property owner. The buyer suggested quit claim deed for transfer. However, two of my sibling owners listed on the deed have passed away intestate. Both were in California. One had a husband that inherited everything, and the other was unmarried with very... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 22, 2021

Mr Morris is probably right, but check with a licensed attorney in the jurisdiction in question. California may have something similar to a 'small estate' proceedings in Michigan that doesn't require FULL probate to deal with small assets.

Fingers crossed there is a cheaper...
Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a home on 1 acre that was parceled off 40 acres. The township did not record the split.

The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 9, 2021

The beat option is to not close until this is resolved.

If you have already closed, did your attorney review the paperwork before closing? Wasn’t the issue obvious at that point? Did you hire your own attorney to review the closing package and offer to purchase?

You can still...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I been staying in this house for 10 years now the mortgage company trying to come take it back

My mother in law gave it to me and my wife I remodel the house etc all she said is that she was in bankruptcy and all we had to do is pay taxes and which I did

Kenneth V Zichi
Kenneth V Zichi answered on Oct 7, 2021

"Bankruptcy" doesn't mean what you appear to think it does. If the house were indeed 'in bankruptcy' that wouldn't necessarily impact the mortgage. Without seeing ALL the paperwork it is impossible to say what is going on and how you may be impacted, but your... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a house in Wayne County. My now ex wife is on the title. I need to get her off the title. Lived in for 2 yrs.

What are my options to get her name off the title. I don't want to sell the house. I can't make contact with her due to the claims she made. We can't meet in person it has to go through our family attorney for questions. What can I do to get her off the title hassle free.

Kenneth V Zichi
Kenneth V Zichi answered on Oct 7, 2021

Mr Soble is correct, but BEFORE you do that, it would be wise to review the final judgment in the domestic court. Was the house disposed of in that document? You MAY be able to simply record the judgment to remove her name if it was done completely and correctly.

If not, you will need to...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Owner of the house received cash from nephew and decided that my son buy's it back from him. Deed is still in the owner
Kenneth V Zichi
Kenneth V Zichi answered on Oct 3, 2021

Your question is unclear. But ALL real estate transactions need to be done in a written agreement. ‘Owner decided’ is never enough. What does the written agreement state?

If you’re unsure, you need to immediately seek local legal representation.

—This answer is offered for...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Michigan Quit-claim Deed - if exempt from MI Real Estate Transfer Tax, does actual consideration need to be listed?

My 2 brothers and I inherited our parents' house upon their deaths. I and one of my brothers are selling the house to our other brother. I'm attempting to write the quit-claim deed myself. I've found where this transaction is exempt from Michigan Real Estate Transfer Tax because... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 26, 2021

Trying to write a deed is akin to trying to do your own appendectomy. It is 'easy' surgery, but it's rather poor practice to 'just do the research' and try it yourself.

That said, there are significant tax implications for the consideration listed in the deed, and...
Read more »

2 Answers | Asked in Probate for Michigan on
Q: If two house MI & FL are taken out of a trust to put both sons on the title of the houses, will it go into probate court

My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 23, 2021

This is a far more complicated and fact specific situation than can be dealt with in a forum such as this.

You need to get local licensed legal advice in order to review the entire situation and determine what can be done let alone what should be done.

“What people say” is not...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We discussed a price with the realtor, then he listed it for 50,000 less than we discussed. What can we do?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 18, 2021

What does your listing agreement say?

What you ‘discussed’ is not necessarily binding if the written agreement says something else.

If there is a mistake, the realtor should (and can!) ‘fix it’ but you have to point that out to them for it to get fixed!

If they...
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1 Answer | Asked in Probate for Michigan on
Q: I want to get a list of donors and endorsements for all probate court judges in michigan. How would I do that?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2021

https://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751-169289--,00.html

Will have the information you want about the donors and expenditures but as who who 'endorsed' a specific candidate, you'll have to look at the local level for each.

This is not going to be an...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: I have petitions for full guardian/conservatory of my mother's estate in Wayne County.I live & work in DC I need help!

I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2021

Absolutely yes, you need to hire a Wayne County attorney to help.

You should have done that from the start, but it is never too late.

Look here for someone with offices in Wayne County who is familiar with that court's requirements

as they are generally NOT the same...
Read more »

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