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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt can they force us

A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt out can they force us to pay using the township to collect the tax?

They said if they get 51% of lake property owners to join the other 49% would have no choice ad our Township would... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 29, 2022

What does your deed say about a property owners association? Unless it existed at the time you bought, or existed when a single person/entity owned the land before subdividing the land, I don't see how you can be FORCED into joining an association.

Without seeing all the paperwork...
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2 Answers | Asked in Probate for Michigan on
Q: No will. My mother is deceased. She has been remarried for 9 years. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 28, 2022

Ms Archie is correct, and it is important to emphasize that this will likely require probate in BOTH Texas and Michigan ancillary proceedings and all of this could have been avoided by some simple estate planning with a qualified licensed attorney in either Texas where she lived or Michigan where... Read more »

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2 Answers | Asked in Probate and Family Law for Michigan on
Q: How do I stop a legal guardianship on an adult?

My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 28, 2022

Ms Archie is correct, however from your narrative it DOES sound like your brother needs a guardian/conservator, and your sister, you or some other close relative would be the 'natural' choice.

You shouldn't think in terms of 'stopping' the guardianship, but making...
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3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors required for a person who dies who has ONLY a Trust and no will on file at probate court?

My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 22, 2022

Mr Harris is correct.

He omits part of the analysis however, that mitigates even MORE toward publishing.

Would you spend $200-300 to buy an 'insurance' policy to shorten a 'statute of limitation'

from up to 15 years to down to 5 months so you can...
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1 Answer | Asked in Probate for Michigan on
Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 20, 2022

Your 'next steps' probably depend on the retainer agreement you signed.

Yes, you CAN always change lawyers, but bear in mind:

1) You're complaining about a (less than) one week delay in mailing paperwork,

2) Nothing CAN be done during that 14 day waiting...
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: i bought a lot from the county that had been seized for back taxes.

The lot was own by the hoa, not the developer who was out of the picture. Since it was the hoa that lost the property I feel they have no claims to my property that I purchased in good faith. They claim I have to be in their hoa which I want no part of.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 19, 2022

If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I inherited a lake house from a grandparent via a Lady Bird Deed, but the land deed isn't in our name.

They found a descendant of the original land owner and they are willing to negotiate. Our grandparents have always said they owned the land, did all the upkeep, paid all of the taxes, and everything that comes with it. Is there any documentation I should be looking for? Is there a way to prove it... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 25, 2022

Your question isn't exactly clear.

If there is a ladybird deed you record the death certificate and the deed is then 'in your name'

Are you suggesting your GRANDPARENTS didn't actually own the property they deeded to you?

Was there some sort of...
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2 Answers | Asked in Real Estate Law and Estate Planning for Michigan on
Q: My parents got killed by my sister. I was over the estate. I took the insurance money and gave house to my brother and

Wife . Unpond agreement house get sold I get half they get half . My brother died now she's trying not to give me my half what can I do. Plus I've been living in the home and have made major repairs that brought up property value and paid out of pocket for supply's etc

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 24, 2022

As Mr Geers said 'it depends'.

I sincerely hope after this sad turn of events you got legal advice BEFORE handling the estate as this is a classic 'small mistake can have huge ramifications' situation. Please don't compound that mistake now by skimping on legal...
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1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: Can a Resident Agent of an llc buy, sell and negotiate real estate transactions, without a real-estate license?

Only listed Resident Agent lives in Texas, has an office in Michigan. The Michigan business license says "general purpose clause".

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 23, 2022

‘Buy sell and negotiate’ for what purpose?

Buying/selling for the use of the LLC? Sure. You don’t need any special licenses to buy or sell land for your own use.

Buying/selling as a ‘public agent’ / broker to the public representing buyers and sellers? Not without...
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1 Answer | Asked in Real Estate Law and Banking for Michigan on
Q: What does MCL 600.6023 (1)(H) mean in layman's terms?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 13, 2022

I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.

In other words, you can't avoid...
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2 Answers | Asked in Estate Planning for Michigan on
Q: Do I have to do an individual power of attorney for my parents.
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 6, 2022

Are you asking if you need to have separate PoAs to name your parents as your agents?

No.

Are you asking if you can create a document to allow you to act for one or both parents?

The answer provided is correct: you can’t do that.

If you have questions or you...
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2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: When my mother passed away the deed to the house was in her name and my brothers name was on it in survivorship only,

My brother has recently passed away he never put the deed in his name so is it part of his estate or would it be my mother's estate?

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 1, 2022

If the deed was 'mom for life and remainder interest to son' and son lived longer than mom, then the deed WAS in son's name at the time mom passed. The fact no death certificate or new deed was recorded is not relevant for the analysis here (although that should have been done it... Read more »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is an estate lawyer required to provide a copy of a Will to a person named in the Will?

The law office that took care of my father’s will will not provide a copy of any of the children listed. He said I needed to contact the lawyer of the co-representative of the estate that had nothing to do with drawing it up

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 27, 2022

Mr Harris is correct, but there is one additional duty -- the drafting attorney IF AND ONLY IF he holds the original will -- needs to release that original will to the Court with jurisdiction in a Probate estate. There is no duty to 'third party' persons such as the named beneficiaries.... Read more »

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1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: If I ordered a manufactured home a yr ago n still won’t be in till maybe mid Sept can I cancel and get deposit back
Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

The answer is 'maybe, and then again, maybe not.'

What are the agreed upon delivery terms? Was there to be a 'firm' delivery date? What happens under the terms of your agreement should one party not fulfill the obligations in the agreement?

Without reading the...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I sue a HOA for a unsafe bylaw? They won’t change. We HAVE to have wood shingles. Fire chief says unsafe!

A vote was taken but not enough owners returned their ballot so it failed.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

You point out yet another reason HOAs are a thing to be avoided.

And while you can 'sue' the chances of success depend a lot on how the by-laws are written, what 'administrative remedies' are needed before a suit can be maintained, and what exactly you're looking...
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1 Answer | Asked in Landlord - Tenant, Consumer Law and Insurance Bad Faith for Michigan on
Q: My storage was broken into, I filed a claim & made a police report. My claim was denied.

The thieves broke off both my locks and put their own locks on so I couldn't get into my storage. The storage company siding with the insurance company which I pay insurance on my storage monthly. My claim was denied.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

What exactly is your question?

I can’t imagine a storage company ‘siding with’ anyone. Had you paid your storage bill? The scenario is unclear.

If you didn’t pay your bill they COUKD have auctioned off you’d stuff for back rent and Re rented the unit to someone else who...
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2 Answers | Asked in Probate for Michigan on
Q: Dear Lawyer, What are the consequences for the appointed representative failing to close an estate properly?

I have a probate issue that I have to appear in court for at the end of the month. I was appointed as the administrator of my mom's estate and i didn't handle every aspect properly. I'm not sure of what to expect when I appear in court for this matter.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 20, 2022

It all depends on what you didn’t do.

Your BEST option will be to hire a local probate attorney to help you complete everything. That attorney can look at all the facts and help you understand and ideally also ‘fix’ the problems.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if I'm selling my house and a bomb shelter is found buried on the property?

This house is in town on a small lot in an older neighborhood

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 16, 2022

What exactly are you concerned about?

Is the shelter on YOUR property?

Unless it is a ‘hazard’, nothing will ‘happen’. It is as if you ‘discovered’ an additional room.

If it encroaches on a neighbor property there might be an issue.

If you have...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My husband & I have a joint revocable trust, with our son as the beneficiary. My husband just died.

Do I need to do anything? If so what and why?

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 15, 2022

While it is true that every trust is unique and needs to be reviewed before definitive answers can be given, some things are 'a given'.

1) you should review your estate plan and trust regularly whether or not someone has died, but when there is a death it is CRITICAL to review...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: How do we sever/retain the mineral rights on land before selling the property? No other sever records found on record

We believe there are methane pockets on our 4.9 acres of land. It is not yet verified, but we would like to retain the mineral rights to the property before we sell it.

Our realtor told us it is better to sever the rights while we still own the property and before we have a buyer, or it... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 14, 2022

Mineral rights owned by someone other than the surface owner are rights said to be ‘severed.’

There is no 'special' way to do this other than with an appropriate deed, but the process is complex. That said, you do NOT need to do that before you 'sell' the land. The...
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