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Questions Answered by Kenneth V Zichi

1 Answer | Asked in Probate for Michigan on

Q: I did filed my own probate paperwork for my fathers estate. I closed the estate before I deeded the house back to me.

I am the sole heir and have a will. I am trying to refinance the property and having a hard time. Do I have to reopen probate and record the deed?

Kenneth V Zichi answered on Jun 26, 2019

The 'hard time' is not surprising since you don't own the house you're trying to 'refinance'. Yes, you need to reopen the probate in order to have authority to record a deed from the estate to the heirs.

Whether or not YOU have a will is not relevant, and this all leads me to an ultimate...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on

Q: I had a lady staying with us rent free (never changed address was supposed to be temporary) we asked her to move out

She moved but left a lot of belongings. I have tried to call and text her no answer. How long do we legally have to hold it? Or do I have to go though a eviction process?

Kenneth V Zichi answered on Jun 25, 2019

TECHNICALLY you would need to evict her to have the right to remove her personal property from your real estate. Whether or not there was a 'formal' lease is not relevant.

PRACTICALLY there may be better answers. (E.g. sending her a bill for storage may be just the ticket to get her...
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1 Answer | Asked in Estate Planning for Michigan on

Q: Can a Conservator of the Estate have a previous bankruptcy?

Michigan

Kenneth V Zichi answered on Jun 24, 2019

Yes.

As to whether or not that is a good idea, well, that is a far more complicated question. PLEASE don't try to make this decision without a licensed professional helping, as there will likely be issues you're not thinking of that will matter.

-- This answer is offered for...
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1 Answer | Asked in Real Estate Law and Elder Law for Michigan on

Q: I'm in MI now. I was Divorced in 4/2011. Got house.

Daughter shows up after 11 yrs, sells home, was POA, and puts me in a HOME! House appraised at $55.000 but conntract states $30,000. Other $25,000 got as unreported CASH which I never saw ANY of money. And didn't need put in a home! Finally moved me to a home in MI . I want back to Kersey and house... Read more »

Kenneth V Zichi answered on Jun 19, 2019

You need to seek out local legal help not the TV news.

Acting under a Po A involves honoring the 'fiduciary duty' to act in the principal's best interest. It sounds like that may not have been what happened here, but without exploring facts that would not be appropriate in a public forum...
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1 Answer | Asked in Family Law and Juvenile Law for Michigan on

Q: My 18th birthday is 9 days away, and I was wondering if I could leave home early? Would I be returned home? In Michigan?

Kenneth V Zichi answered on Jun 19, 2019

LEGALLY you aren't an adult until your 18th birthday.

PRACTICALLY a week is a pretty darn short time for you to be 'found' and returned home, and conversely a pretty darn short time to wait for you to 'make your move'.

Before you do anything however, it behooves you to look more...
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1 Answer | Asked in Child Support for Michigan on

Q: What is my child's father chances of getting child support lowered?

He lost his job back in Feb just completely stop paying about a month ago. He doesn't spend time with our daughter or see her at all. He asked the courts to modify his payments

Kenneth V Zichi answered on Jun 19, 2019

Assuming he lost his job through no fault of his own, chances are pretty good his support will be modified.

You need to have someone representing you at the Friend of the Court hearing/Divorce court hearing to insure the whole situation is explored, and the possibility of increasing the...
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1 Answer | Asked in Landlord - Tenant for Michigan on

Q: Can my landlord make me move out without a proper eviction notice?

My landlord sold the house we are currently residing in while we still have 6 and a half montns left on our 2 year lease. He called me about 15 days ago stating that he sold the house and was waiting to see if the people were going to be approved. He called back about 3 days later stating they were... Read more »

Kenneth V Zichi answered on Jun 19, 2019

If you have a lease that has not yet expired, and are current with rent, haven't violated any terms of the lease, etc. then no -- you can't be 'evicted'. You will note a lot of 'caveats' there -- the only way to be sure is to get local legal help.

On the OTHER hand, even if there are issues...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Indiana on

Q: My grandmother left in her will, her house to her son and disabled daughter. There was no stipulation for survivorship.

My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.

Kenneth V Zichi answered on Jun 19, 2019

This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that... Read more »

2 Answers | Asked in Estate Planning for North Carolina on

Q: Can this property be passed on to one adult child without complications?

My husband and i purchased a home together recently right before we were married. We have a mortgage on this home. Because I paid the down payment on the home, it is listed on the deed as me owning 60 % and husband owning 40%. I have 3 adult children and he has 2. All of theses adult children are... Read more »

Kenneth V Zichi answered on Jun 18, 2019

ANY document can be challenged, and most (save an irrevocable trust) can be changed.

The actual planning, particularly when there is a mortgage, can be tricky. I would strongly urge you to consult with a local estate planning / real estate attorney to insure you do things in such a way to...
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1 Answer | Asked in Estate Planning on

Q: I just got a POA done as well as Trustee and trustee for care, my question is the documents are stapled

With a blue triangle paper in the top left corner, the bank wants to remove to photo copy will this void the documents

Kenneth V Zichi answered on Jun 18, 2019

Short answer: no. The 'staples' are not a substantive part of the document -- just be sure it gets properly reassembled after copying and no pages go 'missing'!

Longer answer, where did you get this paperwork done? Do you UNDERSTAND the paperwork? Know how to use it? It kind of sounds like...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: I am the probate of my dad's estate he has an SSI check deposited from May 31rst 2019 and he passed on June 13th 2019 ca

Can I withdraw this money being his probate with letters of administration this payment was for June

Kenneth V Zichi answered on Jun 18, 2019

You can't simply withdraw a check from someone else's account.

FIRST you would need to be appointed as the personal representative by a court

THEN you will need to determine if there are debts -- including debts to Social Security for payments made but not 'earned'

THEN...
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3 Answers | Asked in Real Estate Law for Michigan on

Q: MI property owned by two but title never stated if joint tenants or common. Whats default then?

Kenneth V Zichi answered on Jun 18, 2019

Absent a clear indication in the deed that something else is intended 'tenants in common' is implied in Michigan too.

So the answer is 'tenants in common'.

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2 Answers | Asked in Real Estate Law for Michigan on

Q: My mother passed but before she did she quick claimed her home to me can another person quick claim the home after me

Kenneth V Zichi answered on Jun 18, 2019

I am interpreting this question as your mother didn't deed the house in any way, and owned it in her name alone at the time of her death.

If that is the case, then her ESTATE now controls her property, and someone needs to be appointed by the Probate Court in the County she resided at the...
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1 Answer | Asked in Landlord - Tenant for Michigan on

Q: The tenant was served a "Demand for Possession nonpayment of rent" via certified mail on 09-14-2018. What is next?

The house is in City of Detroit. I need to know what is my next steps to remove the tenant and all occupants from my house? How long will it take?

Kenneth V Zichi answered on Oct 2, 2018

IF you sent them the correct form (it does not need to be sent certified mail by the way) and IF your lease allows for it, and IF they have not voluntarily moved out, then your next step is to file for eviction / damages.

The BEST way to do this is with the help of a local lawyer. It can...
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1 Answer | Asked in Landlord - Tenant for Michigan on

Q: Leasing office aware of wasp infestation & that tenant is allergic, been over a month. Next step?

Kenneth V Zichi answered on Oct 2, 2018

First of all, see the end of this answer!

1) DO EVERYTHING IN WRITING. You saying 'they were aware' is too easily countered by 'no we weren't'. I sent these 4 emails that they responded to and these two postal letters is far harder to deny.

2) Have you asked for specific relief?...
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1 Answer | Asked in Real Estate Law for Michigan on

Q: When the buyer makes the final payment on the home, do I just sign the deed/title over to him?

All City taxes, water & sewage, and insurance have all been transferred over to the buyer. All that's left is the final payment and title delivery. Does any other important parties (notary, witness, attorneys) required to be present when signing the deed/title?

Kenneth V Zichi answered on Oct 2, 2018

The process is not always the same, and depends much on what is being done. Is this the final payment on a land contract? A deed and property transfer affidavit are probably all that is needed. Was it a mortgage? Then you're talking something different. Some other sort of purchase agreement? What... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Michigan on

Q: Neighbor wants trees cut down on lot next to them

My father owns a water front lot next his sister in law, her lot has a house, my dad's is undeveloped, there are two trees which are leaning, she thinks they are going to fall and hit her house, my dad and several others that looked say they won't hit her house there are trees on her lot blocking... Read more »

Kenneth V Zichi answered on Oct 2, 2018

I assume (hope!) you have insurance to cover liability if something bad does happen.

That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.

In THIS case, the fact that this discussion has happened may make your insurance company...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on

Q: My building was broken into now tenant wants to move and is demanding security deposit back now what are my rights

Kenneth V Zichi answered on Oct 2, 2018

Hard to say for sure without seeing ALL the facts, but the mere fact that a third party broke the law doesn't mean you can avoid a contract. Did YOU do something to encourage the break-in? Did you NEGLECT something basic that caused the problem? Did you KNOW of the risk and INTENTIONALLY do nothing... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Animal / Dog Law for Michigan on

Q: Can a management company change the amount due on your rental by raising the pet fee mid lease?

We have not violated any of their rules and have been great renters. The management company has been avoiding us, hanging up on our calls, and threatening to file harassment but will not explain to us or show us in our lease how this is legal. Our lease states that no changes will be made unless in... Read more »

Kenneth V Zichi answered on Oct 2, 2018

If the lease says there are no changes allowed except in writing agreed to by both parties, then you're pretty much covered. If it says this and then says 'but we can unilaterally make changes to x' the two parts of the lease are inconsistent.

Without seeing the WHOLE lease and the rules...
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1 Answer | Asked in Criminal Law, Estate Planning, Elder Law and Landlord - Tenant for Michigan on

Q: Can a devisee be removed from the Will due to a physical altercation with an heir and vandalizing the home?

My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The police had the devisee leave the home. The next day, the devisee and her mother returned to the home and broke in,... Read more »

Kenneth V Zichi answered on Sep 18, 2018

The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to insure... Read more »

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