Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kenneth V Zichi
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...
Read more »

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 »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Are one-way provisions in condominium bylaws enforceable in Michigan? Specifically for attorney fees and costs?

I am a Realtor representing the seller of a condo with 16 units. The condo rules provide that everybody pays a monthly fee/due and included in that fee is the use of water, sewer, and heat. There are no meters establishing what unit uses what and never has been. My Seller uses the condo 6 weeks out... Read more »

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

'Unilateral' provisions are not per-se improper, but you're 'gut' that this is rather unfair isn't wrong. It is an argument against buying a condo or entering into ANY 'contract of adhesion' but it isn't 'illegal'.

For example, your...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can anyone tell me what is the best way to proceed with buying this manufactured home?

I would like to be sure I don't give the manufactured home park any kind of loop hole. The seller owes them nothing. And has no lease. He verbally offered it to the park and they declined to buy it.I've been told he should offer it to the park. For the sale price in writing. I'm... Read more »

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

The BEST way is to not buy the home in the first place. Manufactured homes, particularly those in parks where you don't own the land it is placed upon, are notoriously bad investments. They lose value and create liabilities unlike any other thing you might own other than a motor vehicle.... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... Read more »

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

Without ANYthing writing it is hard to say for sure where this stands.

Generally speaking an 'earnest money' deposit is something that can be forfeited if the deal falls through because of something the buyer does or doesn't do properly. BUT without an offer to purchase the...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: We had a 12 month lease which ended in 2019, but I'm still living in the rental. Never signed a new one.

Expired lease and rules in the expired lease still apply?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 2, 2021

Yes except that the ‘term’ of the lease is now month to month and the rent can change with a month’s notice in the proper (written) form. The other terms (pets, utilities etc.) remain as in the written lease.

— this answer is offered for information only and does not constitute...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I move mobile home from park? Seller has no lease. Park says it cant be sold to anyone moving it from the park.

The seller offered it to the park for sale price fist. They declined to buy. Then said he can't sell to anyone that intends to remove it from the park. I'd like to know what Michigan law is. I'd also like to know. Is there anything I can do to protect myself. From the mobile home... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 1, 2021

Assuming the mobile home is owned by someone other than the park, the owner (now or a new purchaser) can move their personal property wherever they want.

It’s a little like saying ‘I’ll let you buy the car, but you have to rent the parking spot and can’t move it.’

Two...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: Hi, what is the first step in filing a personal representative in probate court?
Kenneth V Zichi
Kenneth V Zichi answered on Aug 30, 2021

The FIRST step is to determine if Probate is even necessary.

IF the deceased person had no assets in his or her name ALONE and there was no beneficiary named on assets that can be so titled (Bank accounts, insurances etc.) THEN probate may be needed.

The NEXT step would be to...
Read more »

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Bought a house with my boyfriend and going to break up with him. Can I get his name off the house?

My boyfriend and I have been together for 9 years. We recently purchased a home together. As we were not married, I first asked to just put my name on the house, but he and his family talked me into having us sign the papers together. Only my name is on the mortgage as my boyfriend does not have... Read more »

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

Possible outcomes?

1) he agrees and let’s you have the house and signs off

2) he wants his money back (or more) and you agree to pay him and keep the house and he signs off.

3) he wants his money back and you don’t agree and there’s a lawsuit over the house

4)...
Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: Hello, I have a quick question after a bit of background:

We live in Michigan, and my wifes father who lives in Arizona recently passed away. He was living with a domestic partner but they were never legally married. And all that we know of is that the house was recently transferred into the partners name but nothing else was, (to our knowledge)... Read more »

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

Each state’s laws are subtly different. You need the advice of an Arizona lawyer to determine what you can expect and what you must do.

You may or may not need to travel to AZ but you WILL need local help there to insure you proceed properly.

— This answer is offered for...
Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: How do I get a seller disclosure on a property I closed on?

How do I get a seller disclosure on a property I closed on?

Kenneth V Zichi
Kenneth V Zichi answered on Aug 18, 2021

You are supposed to receive the seller’s disclosure statement at the time of (or shortly after) the OFFER is made.

It should also be in the closing packet of documents you received. Did you have an attorney review the paperwork?

Without that attorney review, you may not know...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: how does the patron act work. how can to force other land owners to sell ground?
Kenneth V Zichi
Kenneth V Zichi answered on Aug 17, 2021

The "Patron Act"? As far as I know, there is no such thing. What are you trying to do? Force the sale of land owned jointly or compel the sale of land in some other way? Without specific facts, it really isn't possible to answer your question.

--This answer is offered for...
Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: I KEEP HAVING ISSUES WITH FORM PC 559, PETITION FOR PROBATE (INTESTATE). SPECIFICALLY SECTION 4.

I KEEP GETTING THE PETITION REJECTED BECAUSE OF SECTION 4 OF THE PETITION. AM I TO LIST ALL HEIRS OR ONLY MINORS? I INITIALLY SUBMITTED THE PETITION WITH MINORS ONLY AND IT WAS REJECTED, SUBMITTED A SECOND TIME WITH ALL HEIRS AND WAS REJECTED. THE CORRESPONDENCE FROM THE COURT STATED SECTION 4 WAS... Read more »

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

Minors — by definition — have a ‘legal disability’ and cannot represent themselves: only legal competent adults or emancipated minors can.

I think you will find the process will go a lot smoother if you hire a local probate attorney to represent you. I’m quite sure if this has...
Read more »

1 Answer | Asked in Probate and Estate Planning for Michigan on
Q: Executor sold estate house to bro. Executor and 1 other brother got paid. So brother can flip house.

Leaving me and my 2 sons out of the what will states. More. 2 1/2 yrs. Had an attorney for 2 yrs, got all discovery, to then in 5 minutes got taken away because attorney wasn't filing subpoenas with court. Tried representing self,for now I'm in debt with fees. Between estate lawyer and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 13, 2021

It sounds like you already had an attorney that you fired/didn't pay? Without seeing ALL the paperwork and doing the research on this long case, it is impossible to provide any real guidance. I would suggest either going back to the attorney you had, or if you believe he did something improper... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: How can I pay delinquent taxes and take ownership of a home?

My childhood home has two years of unpaid taxes and if they aren’t paid by March 31st, 2022 the county takes the home. It’s abandoned and no one lives there. I’m not the owner and I cannot reach the owner (I’ve been trying). I was told if I pay the delinquent taxes and get a tax certificate... Read more »

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

You can’t just pay the taxes and expect to be reimbursed.

That procedure works if you purchase the property at a tax sale, which is the official sale once the taxes have reached the level of delinquency that you mention.

The procedures for bidding at a tax sale or complicated and...
Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: I own my home outright in MI. I'm 70, want to leave it to my wife and 2 sons. My name is the only one on the deed.

Can I just add their names to the deed. I hear a living trust cost $2500. Wouldn't adding their names be the cheapest easiest way?

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

There are far less expensive and more appropriate ways to accomplish your pal, but ‘just putting their name on the deed’ is not one of them.

Please consult with a local estate planning attorney to review ‘ladybird’ deeds or other options. Sometimes a will us counterintuitively...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: How does a surveyor split land in half using legal land description

I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?

A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: do I need to "file" the will and/or probate?

In Michigan, I am the executor of my daughters will. Her assets all have beneficiaries named except a car worth around $15,000. (no spouse, 2 minor children) Her house had a transfer on death designation. Do I need to "file" the will in court and do I need to probate it? Also, do I need... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

First of all, you aren't an executor until the Court appoints you as executor. Until then you're the NOMINATED executor. That difference is important and keep that in mind. You don't HAVE to do anything, but there are minor children involved so it is important that they be taken care... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a landlord come in & take pictures of the house while your occupying it because they plan on selling it?

I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

The key point is ‘what does the lease say’?

Even absent a provision so long as the landlord gives appropriate notice and enters at a reasonable time he is probably well within his rights — it IS his house after all. ….

If you have questions please call the attorney you got...
Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: My mother recently died and all of her assets either had assigned beneficiaries or were TOD transfers except one stock.

The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jul 27, 2021

An asset of that value probably cannot be assigned without probate absent pre-planning no matter how you 'agree' upon things. HOWEVER the 'formal probate process' is not as daunting as you might have been lead to believe ...

There are many who try to scare people about...
Read more »

View More Answers

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.