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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: Trailer park sold me a mobile home then told me they dont have a title for it what do I do to get the title

They gave me a bill of sale after I paid for it and told me to get an abandoned title from secretary of state the previous owner passed away but they have a son who said he couldn't find the title

Kenneth V Zichi
Kenneth V Zichi answered on Apr 15, 2021

So in essence they sold you something they didn't own ....

Under what authority would YOU have to apply for a lost title? That sounds like something the HEIRS of the previous owner could do, and if the park took an assignment from those heirs something IT might be able to do, but the...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Is there anything, in Michigan, a renter has to sign that states specifically that they’re off of a lease?

I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 15, 2021

As noted, this depends entirely on the lease.

Was it a lease for a defined term and that term has expired? There needs to be nothing more in writing, and if you've turned in the keys and moved out, that is that, so to speak.

If you are attempting to terminate EARLY, then yes,...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: LLC formed in new york want to use it for a rental property in michigan do I need to obtain a Certificate of Authority
Kenneth V Zichi
Kenneth V Zichi answered on Apr 13, 2021

Yes, but you don’t ‘obtain’ it, you file it with the state’s corporation bureau.

The form is pretty self explanatory, but if you’re going to be renting property in Michigan it makes sense to hire and retain a lawyer in the area of that property to insure you comply with...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My minor children are due to receive life insurance from my ex husband. What do I need to file in the state of Michigan
Kenneth V Zichi
Kenneth V Zichi answered on Apr 13, 2021

This depends on the amount of the insurance. Further, if the children are with you in Indiana, it is likely INDIANA law you need to comply with.

I'd urge you to consult with a local attorney familiar with Guardianship / minor beneficiary issues as it may be necessary to open a...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Bought trailer on april 2nd and finalized on april 7th now the previous owner refuses to move out until end of may or

June. We are considered over occupancy where we are now. What do we do?

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

Without seeing the purchase agreement it is hard to say. When was there supposed to be occupancy? At closing? Within c days of closing? Etc.

Also ‘over occupancy’ is not a term used in Michigan law. What do you mean? You’re ‘holding over’ on a previous lease? Oat one month rent...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am the policy holder on medical insurance and my wife passed early Feb 2021. Am I responsible for paying her copay?

Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 6, 2021

I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.

if one of us dies, does the property have to go through probate court?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 5, 2021

Wisconsin is a 'community property' state so it would be best if you got advice from a Wisconsin lawyer to be sure of ALL the ramifications, however, in MOST states owning as 'husband and wife' implies a survivorship interest that does not require probate.

There ARE...
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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Apr 5, 2021

What sort of 'online search' did you do? Online sources are notoriously inaccurate so the fact you show up in one in a strange way means next to nothing in and of itself.

What is the context of the search"? (you own the place, you live there etc). You don't necessarily...
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3 Answers | Asked in Probate for Michigan on
Q: Can a personal representative in Michigan transfer property to himself?
Kenneth V Zichi
Kenneth V Zichi answered on Apr 3, 2021

IF the will/intestate succession suggests that the Personal Representative should inherit, it is the PRs obligation to transfer the property as you suggest.

IF the will/intestate succession suggests otherwise it would be a violation of the fiduciary duty to do so.

The answer...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My parents will left everything to my brother. If my brother died prior to me everything would pass to me.

My brother died but willed the estate to someone else. Can I challenge the will?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 3, 2021

Your facts don't lead to an answer to your question. The question "Can I challenge the will" doesn't hinge on whether or not your brother died before you or if he left his estate to someone else in a will.

Challenging a will is only proper for very specific reasons like...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My parents were married 16years.Divorced Decided to cohabitate,due to my brothers stroke condition.

My father suffered a major heart attack on March 16 and passed. No will. Nothing discussed. There are 6 of us children. We all agreed, that everything should go to my mother. Is there an easier way, other than probate. He had no major creditors

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

There is much mis-information about probate, but while the 'easier' ship sailed when your father passed without planning (a Will alone would not have helped...) the process of probate need not be 'difficult'.

Please consult with a local estate planning and probate...
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1 Answer | Asked in Probate for Michigan on
Q: Mom recently passed with manufacture home worth 45,000 and a car with lien. No other debt. Can we avoid probate?

Mom has manufactured home in a park owes about 8,000 on it and the value is about 45,000. The car is worth just about what she owes 19,000 with no co-signer. Her bank account is joint with one of my siblings. She has no other debt. From what we have read there would be no probate. We can... Read more »

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

If the value of ALL vehicles is less than $60,000 and there is no probate, then the title(s) can be transferred at the secretary of state with the appropriate affidavit and death certificate.

The 'wrinkle' is that a creditor may petition to open probate to settle any deficiency,...
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2 Answers | Asked in Probate for Michigan on
Q: I just need help filling out the paperwork to close a probate case.

I have PC 593 so far.

Kenneth V Zichi
Kenneth V Zichi answered on Mar 19, 2021

This forum is not an appropriate one to get legal advice but is meant to answer general legal questions. YOU need legal advice, and your best course of action is to consult with a local probate attorney, bring all the paperwork you've filed so far as well as the publication notices etc that... Read more »

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1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Q: I owned a house before I met my spouse. Does the spouse need to be included in the property management agreement?

Does my spouse have any rights to the house?

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

This is a far more complicated question than it might appear at first blush, and it depends a great deal on what your intent is.

For example: IF the spouse does nothing at all to maintain the property or contribute towards it (such as making payments on the mortgage or paying taxes or...
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2 Answers | Asked in Probate for Michigan on
Q: In MI. is it required for the probate lawyer to ask for SS# of siblings when there is no spouse or children of deceased?

Family who are all out of state are trying to find a probate attorney in MI. and some are asking for SS#s, others aren't. Any explanation would be helpful. Thank you!

Kenneth V Zichi
Kenneth V Zichi answered on Mar 8, 2021

Licensed attorneys?

There is no court reason for this but it might be required when property is transferred. This is not something I routinely ask when opening an estate.

—This answer is provided for information only and does not constitute legal advice or create an...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: How can I allow my wife to remain in my home until her death & then allow my child from a previous marriage to inherit ?
Kenneth V Zichi
Kenneth V Zichi answered on Mar 4, 2021

Providing a 'life estate' for someone and a 'remainder interest' for a third party is a pretty common thing, and easily done by a qualified licensed attorney in your area.

This is most assuredly NOT a 'DIY' project though unless you are really willing to have...
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2 Answers | Asked in Probate for Michigan on
Q: Can my step father change my mothers will now that she has dementia. She wanted separate wills so we would be protected.

He actually changed the will about a month ago. My mother insisted on separate trust because she does not trust him to do the right thing. Could you please tell me how he legally did this. Thank you for your help in this matter.

Kenneth V Zichi
Kenneth V Zichi answered on Feb 28, 2021

And adding on to what Mr Steiger said, nobody can change someone ELSE'S will.

That said you seem confused because a "trust" is not the same thing as a "will" and there are rarely 'joint' wills created in Michigan.

I'd strongly urge you to...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract if seller does give the right affidavit of fixture paper .

the paper was recorded wrong back in 1997 and the wont sign a addunmet are contract is over this friday.we waited 3months they have to fix the error then everything is good

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

It is unclear what you are asking, but I gather you are talking about a certificate of affixture of a mobile home? There is a state approved form that should be filed with the register of deeds, and it should have been recorded either before or at the time you bought the land. Did you get the... Read more »

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1 Answer | Asked in Probate for Michigan on
Q: Can a administrator of an estate rent the property of the deceased to another family member

The person who died without a will, so I was told, was the mother and guardian of one of a sibling. The other sibling is now the guardian and wants to continue renting the deceased property to the first. Isn't that dealing to themselves?

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

There is nothing that 'jumps up and down' and screams this is inappropriate in the facts you present, BUT the individual needs to have some authority to do this, be that as a court appointed Personal Representative or as the new owner under some other mechanism like a Ladybird or Quit... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for Michigan on
Q: Do homeowners of an estate home have to pay for essential home repairs (roof) while home is occupied rent free?
Kenneth V Zichi
Kenneth V Zichi answered on Feb 23, 2021

This depends on how the occupancy arrangements are defined. GENERALLY speaking the life tenant is responsible for the current expenses like utilities, taxes and insurance but PRINCIPAL improvements are not required. A new roof could be seen as increasing the value rather than merely maintaining it... Read more »

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