Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kenneth V Zichi
1 Answer | Asked in Probate for Michigan on
Q: I am the PR and our probate is done but not closed. The house was sold & my attorney didn't have time to provide a deed

so the realtors office took care of it.

Now my attorney wants to charge me more for a deed to a small piece of vacant property left to my sister and I. I am giving my half of the property to my sister. Is the property now part of the estate?

Can I send a quick claim deed to the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2024

If you already have an attorney it would be inappropriate to answer here, however, since there is no such thing as a ‘quick claim deed’ it IS clear you need legal help to complete the probate.

If there is property in the estate it isn’t ‘done’. If you want a second opinion you...
View More

1 Answer | Asked in Estate Planning for Ohio on
Q: I have been ask to sign a waiver to administer the estate Ohio code 2113.06 what dose this mean and should I do it.
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2024

You need to ask this question of an OHIO lawyer but in general, a 'waiver' means you agree with something and will not be appearing in court to contest what is being asked.

HOWEVER, if you want specifics including what that Ohio code number means, you need to consult with someone...
View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?

I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 7, 2024

Mr Soble is exactly correct, but to expand on that, you ask "what good is a contract then".

The contract protects the rights of the buyer, and provides them EQUITABLE title to the property while you retain LEGAL title. If you don't understand the difference between those two...
View More

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: An attorney was hired by a proposed PR, someone else was elected PR. Does the estate have to pay the attorney fees?

The attorney has made a claim against the estate, provided a brief description, no billing, no agreement, was not hired by the PR of the estate. Did not assist the PR of the estate. The PR appointed has not used anything from the attorney. What can be done to fight the attorney fees? What type of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 5, 2024

Assuming the PR has an attorney (and if they don't they SHOULD!) the attorney hired can respond to the claim.

There are deadlines for responding to a claim so be sure you adhere to those deadlines and if you don't already have an attorney get one ASAP to insure you have time to...
View More

2 Answers | Asked in Estate Planning for Michigan on
Q: I want to get a trust.My son is behind on child support, if I have my sister be the executor can child support take it

The mother is a drug addict and she would blow anything she got on herself.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 25, 2024

Mr Taylor is right, and further, if the mother and the local friend of the court are sophisticated enough, they can 'attach' any distributions from the trust making it less than useful in the first place.

The SOLUTION probably lies in the domestic courts here, and the longer your...
View More

View More Answers

1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: When Trusts are created in Michigan, can it exclude spouse as being a beneficiary of property purchased during marriage?

Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.

Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.

This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.

A local licensed estate...
View More

1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: Question: daughter owes me $3,000.00, clear debt for zero inheritance

I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: I bought a vehical the title says the owners name and it says trust how can I get title transfered to my name michig
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

You will need to do that at the secretary of state's office, and they will need to see some sort of 'proof of trust existence and authority' for whoever actually signs the title. The Trustee (person who generally has the authority to act for the trust) should be able to provide that,... View More

2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: My mom wants to remarry and he will move in with her, I’m on the deed what’s happens to her house if she passed away?

She is 84 he is 72 my wife and I are on the house deed

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?

There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX...
View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: dad quitclaimed house to brother before he died. "terms of sale" is listed as 26-partial interest, what does this mean

My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?

These are all questions that need answers before you can get any meaningful information ... I have NO clue what a...
View More

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: Is an attorney necessary to file an Application for Informal Probate Court form in the State of Michigan?

My husband’s father died recently, his sister is the PR and she will not share a copy of the will or trust with my husband. According to her, these documents were updated recently.

We are wondering if filing an Informal Probate request with a 2018 will have the effect of her having to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

The PR cannot 'just decide' to not share documents. Michigan Probate REQUIRES sharing things like a death certificate, petition to open probate and also any Will covered by probate. Sharing the text of the trust with the named beneficiaries is also 'just good form'.

It...
View More

View More Answers

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Michigan on
Q: So when my dad passed away and he says we get 50% of whatever he has. We have to wait till my stepmother dies to get our

To get our inheritance.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.

I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your...
View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

Are you SURE the deed acts to immediately transfer ownership? Has it been recorded? Mr Morris is correct, but if you're still uncertain, 'asking on the internet' is not going to net you actual legal advice. I would urge you to consult with your own lawyer or at least the one who... View More

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 28, 2023

You should have received this as part of the ACCEPTANCE of the offer -- even before closing.

You absolutely positively certainly most assuredly need to get to a local real estate lawyer ASAP (as in yesterday) to review your closing paperwork. I assume based on your question you didn't...
View More

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: If i didn't sign as a guarantor on any court document, am i liable for attorney fees and burial expenses?

My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 27, 2023

They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'.

Look at it this way, if the $100,000 house in a probate estate has a...
View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 20, 2023

Lawyers do not ‘oversee’ wills.

Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.

Is your father now deceased? The Personal...
View More

View More Answers

1 Answer | Asked in Estate Planning and Business Formation for Michigan on
Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county.

The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 15, 2023

What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents?

As you can see, there are many...
View More

1 Answer | Asked in Probate for Michigan on
Q: Is Michigan's probate Notice of Intent form (PC 557) needed if a Personal Representative is named in a Will?

We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 15, 2023

My condolences on your loss.

The BRIEF answer to your question is: no that form is not needed.

This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures...
View More

1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

You don't want to cloud the title. You want to buy the property!

Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.

But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.