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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: My name is on the rental agreement/lease of a residential home. My significant other has been living here.

Rarely pays anything toward rent/bills. We broke up... But he won’t leave when I try to kick him out Does he have a right to stay there for 30 days or should I call the cops? What should I do?

Kenneth V Zichi
Kenneth V Zichi answered on Jan 14, 2021

You don't say if his name is on the lease too, but assuming it isn't ... TECHNICALLY you have to provide an appropriate notice to quit as he 'subleases' from you. That can be 30 days, 7 days depending on the circumstances.

If this is SIMPLY because of finances....
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2 Answers | Asked in Real Estate Law for Michigan on
Q: How long after a home inspection is complete do the potential buyers have to agree to go forward with the purchase?
Kenneth V Zichi
Kenneth V Zichi answered on Jan 12, 2021

That depends on what the offer says about accepting or challenging based on the results of an inspection. It can be within 24 hours, 48 hours 72 hours or some other figure ... there is no 'one right way' to proceed. The offer controls. THAT is why it is critical to have a licensed... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: How long do you have,in Michigan, to petition the probate court, after a death?
Kenneth V Zichi
Kenneth V Zichi answered on Jan 10, 2021

You should begin 'as soon as possible' but if you don't act within a reasonable amount of time, the creditors may file instead, but the FIRST question you must consider is whether or not a probate petition is even necessary.

There is no 'one size fits all' estate...
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1 Answer | Asked in Probate for Michigan on
Q: My sister took control and drained my mom’s bank accounts. My mom died about 5 mos later. I didn’t know until her death

She had my mom sign numerous checks with loan in the memo line. Over 125k. I do not believe my mom was aware of her balances. She died from Parkinson’s. My sister and I inherited the house. The only way to recover the money would be from her 1/2 of the house. A case has not been opened in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Dec 28, 2020

I am sorry to hear of your situation. If there was no 'estate' because all the property passed outside of probate, there is nothing to make a claim against in Probate Court.

How did the house pass? Jointly with your sister as Tenants in Common? If that is the case you may be able...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Does a mobile home site condominium development need to follow all of the Michigan Condo Law?

Most of the mcl pertains to true condominium developments where a site condo is developed more like a subdivision with individual ownership and responsibilities.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 17, 2020

A site condo is a site condo. It matters not whether or not it is for mobile homes or manufactured homes or stick-built homes.

I think you may be confusing a 'condo' with a 'site condo' because the two are quite different. A site condo is developed just like a...
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1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: I inherited a home as joint tenants w right of survivorship w my sister. she refuses to pay for anything. What can I do?

The loan is almost paid off and I want to continue living there as I have for my entire life. It’s our family home. It’s an owner occupied rental property w 4 units. Because of a fire and Covid-19 I have fallen behind on the loan payment and she wants it to go to foreclosure in a month rather... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Dec 12, 2020

A quit claim deed from her is likely the best option but before you decide what to do you’d be well advised to consult with a local licensed attorney to insure that you don’t End up with larger issues.

If she quit claims it she will have no obligations to answer your specific question...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a tenant in common force the sale of the entire property to get their share of the property value?

We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 11, 2020

Mr Morris is correct and BOY is his statement that "A full description of the process is not possible" an understatement!

BRIEFLY, tenants in common are treated differently than joint tenants with rights of survivorship or tenants by the entireties. Each of those forms of...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: The title company says they need a copy of my divorce decree. The problem is I've never been married.

The divorced individual has the same name as me. I have two middle names and the first one is the same as his. They won't clear the title, what do I do?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 7, 2020

You don't say why they want this. Are the seller? How was title held when you purchased? Are you the buyer? Why should the title company care?

This just sounds weird and ‘alarm bells’ are ringing. We’re you the victim of identity theft? Bottom line: I’d urge you to consult...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: The County Sheriff's office issued to my addresses on number and street that doesn't exist?

When I bought the house in 2000 I closed had a title company paid for title insurance and the owner either committed fraud or just try to get over. The person I bought the house from has adjoining land ,that he said was the easement and I have being using it every since. But I just tried to... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 29, 2020

Mr Stone is correct and I’m not sure what the Sheriff has to do with any of this.

It is very clear you need to have an experienced local real estate attorney review *all* the paperwork to determine what you actually purchased and where’re or not there is some sort of issue — let alone...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I just got a 30 day notice on a month to month rental, under covid do I have any rights?
Kenneth V Zichi
Kenneth V Zichi answered on Nov 23, 2020

Through the end of the year, there are some protections for people who cannot afford to pay rent and fall behind, but there is nothing specific preventing a month to month lease from being terminated with 30 days notice that I'm aware of.... Read more »

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1 Answer | Asked in Criminal Law for Michigan on
Q: Interesting... What is the basis for the habitual offender status? I have yet to find any other previous or subsequent.

I also don't see any citation which makes authorizing a sexually active youth to take some condoms, after being directly asked by same. There is no age limit on condoms. Why is this case posted publicly without permission?

Kenneth V Zichi
Kenneth V Zichi answered on Nov 18, 2020

You are clearly asking questions that require specific advice about an ongoing case. That is not possible in an open forum like this. Please seek local legal representation from a licensed attorney.

-- This answer is offered for informational purposes only and does not constitute legal...
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2 Answers | Asked in Tax Law and Probate for Michigan on
Q: Parents house left 2 me in trust. When I change the name on the house will my taxes go up or are they grandfathered in?

Trust was made in 2006. My father passed in 2017 and my mother is still alive. I understand that the house is now owned by the trust. But after my mother passes and I put the house in my name will the taxes on the house go up or will I pay the rate at which my parents were paying.

Not... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 16, 2020

Assuming you are the beneficiary or contingent beneficiary of the trust taxes will not necessarily be uncapped.

Beginning in 2015, a distribution of residential real property from a trust to a distributee who is settlor or the settlor’s son or daughter, (among other relations) AND if...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Amendment to Michigan Marketable Record Title Act signed into law 2018 PA 572. My Question is this:

Can a homeowner file to have the deed restrictions removed their property in the subdivision. If so, what form do they use.

Thank You

Kenneth V Zichi
Kenneth V Zichi answered on Oct 22, 2020

There is much uncertainty under this law, but by its own terms it is not yet effective.

Under 2018, Act 572, which was not effective Mar. 29, 2019 an association has two years from the effective date to file documents to enforce deed restrictions. That date is in 2021 so you're...
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3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I bought a house in Michigan that has an easement (Ingress, Egress, and Utility) to 10 acres that is landlocked.

The 10 acres is only land but I spoke with the owners and they stated they plan to build a house there.

Are they allowed to build a house with the type of easement it is?

Do they have full rights to use the easement as a daily driveway?

Any way I can prevent this?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 22, 2020

Without looking at the actual documents, I'm speculating, but you probably can't stop it. And yes, they most likely do have full rights to use the easement and build a house. That is the POINT of the easement.

You BOUGHT the land with the easement in place, and should have...
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2 Answers | Asked in Tax Law and Probate for Michigan on
Q: I am the PR of my cousin estate, per probate court.

She died with no will, hence probate court. She had no kids and her husband died 4 years before her, she has no siblings.

We are in Michigan. Everything was sold and put into "Estate of" bank account. When this is closed, which is in next couple weeks, do we pay taxes on the money... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 21, 2020

Probably not, but without a FULL understanding of things it is impossible to say FOR SURE.

There may be an estate tax return required, or maybe not,

There may be capital gains taxes due, or maybe not.

It is unlikely that YOU will be charged taxes, but if things 'pass...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If a couple has one of the sets of parents living with them in Michigan, is that considered, generally, “multi family?

Wife and I are living in our daughters and son in laws basement in Gainesville, GA. Son in law has taken a new job in Michigan. Daughter, wife, and I are planning to follow him as soon as Gainesville house is sold. Many of the Michigan houses we’ve looked at online have a basement that a) has or... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 20, 2020

There is no 'single' answer -- many municipalities have their own rules, and they can vary dramatically.

That said, if you are blood relatives, and you're within the main structure that probably won't qualify as 'multi-family' or 2-family housing unless you...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Couldn't see changes to our lease until we picked a term and ready to sign. Is this legal?

Original lease was 30 days notice and $500 to terminate 12 month lease early. Now it says 60 day notice and 2 months rent to terminate early. We couldn't see the new lease changes until we pick a new renewal term and ready to sign. Never received a call or email letting us know the new... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 20, 2020

So long as you could negotiate different terms or just decline to renew before you committed to anything, which is what your description sounds like, the fact they were 'playing things close to the vest' isn't improper.

If those terms aren't acceptable, you...
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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Our landlord just died, no will. His sister wants no expense of a second home; she thought of transfering mortgage to us

The sister and brother are only heirs, the brother wants nothing. The sister said the landlord talked highly of us, she cannot have the expense of a second mortgage & she would like us to have the home yet needs to figure out the mortgage. She had asked us to keep depositing our monthly... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 20, 2020

You ABSOLUTELY need to hire your own attorney to help insure you're not 'throwing good money after bad' here. Just because there are siblings doesn't mean they can control things without probate, and unless and until someone is appointed as personal representative they... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Sold house and property in 2017. Found that the purchase agreement only listed one of two parcels.

Second parcel is only in my late husband's name. No property taxes have been paid by me or buyers on second property since purchase agreement. Purchasers are now selling property. Agents want me to sign a quick release deed. Should I sign it? I think I still own the parcel.

Kenneth V Zichi
Kenneth V Zichi answered on Oct 15, 2020

If nobody has paid taxes in over 3 years, it is very likely that the STATE now owns the land. If the deed and the purchase agreement don't co-incide, you may be in trouble for failing to convey the property properly, but in ANY event YOU do not own the property if it was in your husband's... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is there anything I can do after unknowingly buying a horrible house?

The house I just bought was supposed to be totally renovated. After moving in I discovered the electrical was not done by code & had to be completely re-done in the kitchen. There was a gas leak I had to have repaired & now the plumbing is malfunctioning. I just came across what the house... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 5, 2020

Is there a local rule in the municipality concerning homeowner renovations? This is never as cut and dried as you might think.

Unless the seller misrepresented something in the seller's disclosure statement related to the issues you raise, there will likely not be anything you can do....
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