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answered on Oct 8, 2024
That isn't a question, but a will won't 'get you into an account' you still need letters of authority.
Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?
There may be other ways to proceed, but if... View More
Wife died 7 years ago. Has 3 surviving children.
answered on Sep 23, 2024
Was there a beneficiary named on the life insurance? If so you probably do not need probate, but the analysis is more complicated than that.
Please consult with a local licensed attorney to review ALL the facts of your case to insure there aren’t other issues. Starting probate... View More
answered on Sep 12, 2024
A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.
This has nothing to do with life leases which is a way to transfer a... View More
What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More
answered on Sep 3, 2024
What does your written agreement with your roommate say? Do you have ANYthing in writing?
Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed... View More
The estate sale company has acknowledged that the clean up crew wrongly took the phone and sold it. Company says they want to make it right. It’s a for real vintage, red wall mounted rotary phone in pristine condition. It was mounted on the wall. (There’s a newer beige wall mounted phone in... View More
answered on Sep 13, 2024
I concur this isn’t a ‘crime’ so be careful how you approach this. A ‘crime’ requires intent and this — particularly with the response of the company trying to ‘make it right’ — shows there is no criminal intent, just a very unfortunate mistake. It is ‘negligence’ at best and... View More
I am 1 of 3 remainders on a ladybird deed in michigan. My grandmother ( the grantor ) passed away in 2016. I currently live in the house along with 1 of the other remainderman. My fiance and I are currently in the market for our own home. Once I move, I no longer want any type of responsibility to... View More
answered on Jun 10, 2024
You transfer your property interest to someone else, usually one or all of the other co-tenants since they are the ones who will get the most value from that. HOW you do that depends on what you would like to get out of the deal. The best response is to contact a local lawyer to discuss your... View More
Claim by my grandmother who has since passed. He’s is ill and I’m trying to figure out how I can sell the home without paying taxes on it since she paid $45000. 50 years ago but has since refinanced and owes $120000. The selling price would be between $300000 and $350000. Im located in Michigan... View More
answered on May 30, 2024
There will be an ‘offset’ for ant mortgage, but if you’re asking about the capital gains the answer is ‘welcome to the downside of quit claim deeds. You have acquired the basis for tax purposes of the original owner and will need to pay capital gains.
Absent some other facts you... View More
What rights do I have?
Thank you
answered on May 25, 2024
That depends on what sort of 'claim' you have.
Judgments are good for 10 years unless renewed, and there is the '40 year marketable title' act to deal with.
Your rights depend on a lot of things that aren't discernible from this question, and would require... View More
I own property with a 66ft easement by necessity. My neighbor keeps cutting the grass on the easement after I cut it. I like to maintain 4 inches and he keeps cutting it down to 2 to match his side of the easement. Is he allowed to cut the grass in the easement? He also blows all the grass... View More
answered on May 17, 2024
Is the easement ON your property or FOR your property?
Is the easement ON the neighbor’s property or FOR it?
From the wording I’m assuming you BOTH have a right to use and maintain the property in question.
It doesn’t really matter though because if the easement is... View More
I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More
answered on May 14, 2024
In GENERAL a verbal contract is worth the paper it is written on.
In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'... View More
Can they legally dispose my belongings without giving me the opportunity to retrieve them just because they are mad about I don't know what?
answered on Apr 28, 2024
Well that depends. Are they ‘mad’ about the fact you didn’t pay your rent or that you’re storing contraband items there?
No they cannot terminate a lease or sell your stuff MERELY because they are ‘mad’ and it seems unlikely that is the reason. What’s the ‘rest of the... View More
When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More
answered on Apr 22, 2024
This is not an 'open and shut' case.
Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the... View More
answered on Apr 19, 2024
Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.
What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?
Condos are a rather strange animal especially when so many people... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
answered on Apr 18, 2024
In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.
While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the... View More
My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?
answered on Apr 15, 2024
PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?
If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed... View More
Deed is made out subject to quit claim deed made out at the same time.
answered on Apr 1, 2024
A deed does not HAVE to reference survivorship to be ‘valid’ but it WILL impacct HOW it works.
Without seeing the deed and understanding exactly what your question is, an answer is impossible though.
I’d urge you to bring the document(s) to a licensed local attorney to... View More
Family who lived there is dead. I'm paying the back taxes.
answered on Mar 26, 2024
That depends on how it was 'left' to you.
By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.
By Will? Probate the estate and the PR can transfer by deed.
Some other way? Some other... View More
8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More
answered on Mar 21, 2024
Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.
Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to... View More
Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More
answered on Mar 6, 2024
In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….
ly owned except car. i'm executor/personal rep of will. i've been driving it and paying the car loan and ins monthly since dec 2022. tabs are now expired. everything still in her name. lien on car. can't transfer title, not enough $$ for pay off. neighbor says i can register the car,... View More
answered on Mar 1, 2024
Well -- you COULD lie and claim to be your deceased mother, and renew the plates, but then you have to also lie to the insurance company and risk getting caught in insurance fraud .... etc. I'd suggest that isn't such a good idea.
Can you get new tabs for the car without... View More
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