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Questions Answered by Kenneth V Zichi
2 Answers | Asked in Probate for Michigan on
Q: What Paper work is needed in Michigan to claim funds in an account under intestacy?

My son passed away, there is no will and no estate other than this one account valued at $4000. He was not married and has no kids. I would like to close out the account that does not have any beneficiaries listed on and transfer the money to me to cover funeral costs.

Kenneth V Zichi
Kenneth V Zichi answered on Oct 7, 2019

I'm sorry to hear of your loss.

That affidavit *may* work, but if the bank won't accept it you may be forced to do a 'small estate' Petition and Order. This is still pretty simple but would require Probate Court approval and copies of the paid funeral bill, etc.

I concur with Mr...
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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Seller agreed to offer and signed all documents. Upon waiting for closing, seller decides not to sell.

The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).

What do i do now?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 4, 2019

Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.

You need to consult with a local attorney in the area where the house is...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Does the executor sign the deed to property to transfer to beneficiary named in will?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 28, 2019

That is PART OF what needs to be done, and the form of deed is unique (a fiduciary deed) and many non-lawyers are befuddled when that is pointed out.

This is not usually a good place for a DIY solution. Please seek the advice and assistance of a local attorney to be sure you’re doing...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My fiance and I collaborated on purchase of a home. He is on the mortgage and we are both on the deed.

He did a quit claim after the closing, but still at the title office. A new deed was transferred to both our names at that time.We received a notice from the county that his quit claim on the deed had been transferred and recorded to reflect both of our names. Recently, we have found... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 28, 2019

Me Soble may be correct or it may be the MORTGAGE is in his name only and the DEED is in both names.

You need to sort this out and without seeing all the recorded documents it is impossible to say.

Please consult with a local real estate attorney who can look at the documents and...
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4 Answers | Asked in Probate for Michigan on
Q: Live in Genesee count Michigan father in-law just passed away. Family business to be divided in half but have several

Texts over a 8 month period that shows it is not how the deceased person wanted it. Also have several witnesses to state the same. How hard to fight this?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 21, 2019

When you say ‘to be divided’ was that pursuant to a will, intestacy, or ... ? What?

Without reviewing the WHOLE situation it is impossible to provide any advice and doing that on a public forum like this would be inappropriate.

Please consult with a local attorney who can...
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2 Answers | Asked in Probate for Michigan on
Q: My father passed but did not have a will. I am an only child and he was not married, just a longtime girlfriend.

Aside from the institutions he had active accounts with, I do not know of any other resources I need to be aware of. How can I find out who else I need to speak with?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 18, 2019

There is no 'one way' to do this, although Mr Harris' suggestions are good places to start. You can also look at his recent tax returns as they should disclose investments and property you may not already know of. His girlfriend may also be of assistance.

You don't mention vehicles or...
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2 Answers | Asked in Probate for Michigan on
Q: Sis-executor, 2 bro beneficiary s and me youngest bene. we had realtor put house for sale. 2 weeks later , bro took sign

Down ,$40,000 of inheritence put in. without out me on board said his worker moving . To rent but guess has 16 mon to get loan. I still haven't read agreement,and my bro paid her rent for ,16 month. Up front ..what's that about. I don't trust these ,my executor left him in charge now of house I... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 14, 2019

I’m not sure exactly what your question is but I concur it sounds like you should be consulting with a local probate attorney ASAP.

‘Fiduciaries’ like personal representatives need to act in the best interest of the ESTATE and not any one heir. Get that local advice!

—this...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Can I claim Unclaimed "properties" as a grandchild if the legal representative (executor/administrator) can't be reached

According to the State my deceased grandmother has unclaimed "property" and the then executor/administrator has not been able to be reached after about a year of attempts. I'm guessing the "property" is nearing the time the state can claim it and take it (I'd hate to see it go to them). I don't... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2019

Heirs can submit claims, but it gets harder with more documentation needed the further along the 'chain' you go. The EASY way is for the PR to make the claim for the estate, but that would also probably require reopening the estate.

If you can't find the PR any more or they have become...
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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Could the lessor be in breach of contract?

I moved into my apartment in November 2018. As of September 2019, not one item from my move-in checklist has been addressed. I have a ceiling fan that is inoperable due to the fact that it is not securely attached to the ceiling. I have a non-functional bathroom exhaust fan, which was inspected by... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 9, 2019

What would you like to do?

You may be able to withhold rent and/or fix things and subtract it from your lease if the repairs are ‘necessary’ to make the place habitable but only if you follow the appropriate procedures to do so.

A better option would be to walk away and rent...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law on
Q: Property dispute with Father. I was a minor when i last saw my father 15 years ago. He has a son from his second wife.

I didn't get anything from my father. I want half of his everything now. Is it possible to get my share of the property ?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 8, 2019

WAY more detail (that is not appropriate for a public forum!) is needed to tackle this question. Is your father now deceased? Did he leave a will? What sort of 'dispute' are you referencing? Was he married at the time of his death? WHY did you 'not get anything" from him?

What you WANT is...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My wife won't sign refinance papers, what can I do?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 8, 2019

If her name is on the property YOU can’t ‘do’ anything. She needs to AGREE and sign willingly.

Why won’t she sign? Is there something she objects to you can address? Why do YOU want to refinance?

—This answer is offered for information only, is not legal advice and does...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I am renting, the lease began on 7/30/16 & expired on 2/1/17. There was no renewal & with consent i have been paying mo

month to month. Gave my 60 day notice (per lease agreement) on 1 Aug. However on 26 Aug, landlord asked if i could move out sooner, by 10 September, since he has other tenants interested. I scrambled to make arrangements and will be out by 31 Aug so that the unit can be painted & re-carpeted. Per... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 31, 2019

Without seeing the lease it is impossible to provide a real answer, however, there are provisions where state law 'trumps' a lease and others which are the other way around. That said, if you have moved out per agreement of the landlord before Sept 1 you should NOT pay any rent for September. Be... Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: My understanding is that IRS regulations require that an estate be administered by a court if the estate contains over

$100,000 of US Treasury securities at the time of the decedent's death. Is there any way around this requirement since it would require I incur legal fees? Rest of estate was in name of a revocable living Trust and, therefore, did not require involvement of a court or any legal expense.

Kenneth V Zichi
Kenneth V Zichi answered on Aug 31, 2019

"Administered by a Court" is a rather strange turn of phrase. So far as I know, if there is 1 CENT of an asset that is listed in the name of the deceased and no beneficiary named on the asset, Probate is required to transfer the asset in EVERY state. In Michigan, there are 'simplified' procedures... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Is it legal to sell a home that is on private property that is also up for sale through realtor?

We lease property that is zoned for mobile homes only. But it has recently went up for sale during the time in which we are trying to sell our home. We have a month to month lease.

Kenneth V Zichi
Kenneth V Zichi answered on Aug 30, 2019

If the land and mobile home are separate, it would seem to not matter. If YOU own the non-affixed mobile home, of course you can sell it.

As to HOW to do that so as not cause issues, there will be problems if both you and the land owner are not VERY specific in what you are able to sell....
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1 Answer | Asked in Real Estate Law for Michigan on
Q: purchasing a home selling current home Found a buyer for mine and found a home to purchase sellers said that they...

already purchased another place. so everyone was in agreement that I would close on my sale the same day we close on the new house and we would move out closing day and move in closing day. HOWEVER 24 hours before closing the sellers are telling us we Cant move in yet and need another month but... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 28, 2019

What do the written offers say about occupancy? Did you have an attorney review the paperwork and explain the various options/decisions/provisions of the offer? You should NEVER make or accept an offer without having a legal review of the transaction (both buying and selling if you're doing both!)... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Do you have to be the homeowner to evict someone from my family property I currently occupy in Michigan?

I occupy my grandmothers house after she passed away in Nov. with my disabled aunt as her legal guardian/caretaker. I let a friend stay with me for a couple weeks while she tried to get into a mission. They will not leave or pay any bills. I need to evict them. The house is in foreclosure, bank... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 27, 2019

You have to have the right to occupy the home. If the home has been foreclosed upon by the bank the legal status is dicey at best. You NEED to begin Probate and the redemption process yesterday. Please appreciate the house isn't 'in' foreclosure if 'the bank owns it now' --- it has BEEN foreclosed... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Recently purchased home and sellers have 30 day out clause. Can we inspect the home or have keys provided to us legally

Initially they told us they would not need the full 30 days despite in the purchase agreement, but now are showing signs that they may stay longer. We closed on the home nearly 2 weeks ago. They forced an insurance inspector off of the property who was there to take pictures for our home... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 27, 2019

What you can do depends a lot on what your purchase agreement says. You DID have an attorney review that agreement before you submitted it, right? What does that attorney say? If you didn't have an attorney review it before hand, it is way past time to have an attorney look at it now.

MOST...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Does a Realtor who sells units in a housing co-op need to have an agency disclosure form signed by the buyer and seller?
Kenneth V Zichi
Kenneth V Zichi answered on Aug 20, 2019

It doesn't matter what type of housing (co op or otherwise) the agency disclosure needs to be provided consistent with the licensing rules. IF the license requires it, then yes. Usually both buyer and seller only need to sign when there is a 'dual agency' but without specifics it is impossible to... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: If your close date has come and gone because the buyer is pursuing alternative financing, are you obligated to sell?

Buyer's bank loan feel through because he is going through a divorce. The agreement close date was 08/16. Our realtor sent us an amendment late last night to extend the close date under the same terms. We have not signed the amendment and want to change the terms to require the earnest money... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 17, 2019

Without seeing the offer and reading the various contingencies it is impossible to say for sure. The offer MAY be 'dead' meaning you can both walk away without issues, or there may be a default requiring action.

If the offer is 'dead' and they want to extend, you can make whatever changes...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: We signed a purchase agreement with no earnest money. We did not qualify for a mortgage. Is agreement over?
Kenneth V Zichi
Kenneth V Zichi answered on Aug 16, 2019

Was the offer contingent on qualifying for a specific mortgage and was that contingency not satisfied? Without actually seeing the terms of the agreement it is impossible to say for sure, but IF it was drafted properly and you didn't qualify for the mortgage, then you MAY be able to call the deal... Read more »

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