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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: Michigan- Lease Takeover

I want out of my lease, I found someone who wants to take over the entire remaining term (11 months). My landlord is refusing to let them apply and offered them a different apartment. Lease says no subleasing or transferring but does say you can add roommates and modify yourself off the lease for a... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Dec 6, 2019

The landlord cannot unreasonably refuse to rent to someone else but without seeing the specifics of your keastvit is impossible to say what you can or should do at this point.

I would STRONGLY recommend you consult with a local attorney ASAP to determine what you can and should do. This is...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: How do I file default claim on a jointly owned property in the state of Michigan?

I'm attempting to refinance the mortgage on a jointly owned property and the party whose name is on the bank note and deed has left the state and I'm unable to locate them to have a quit claim signed. Is there a default process in place in the state of Michigan?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 3, 2019

You would likely need to file a ‘quiet title’ action with the circuit court in the county where the land is located but that may or may not be possible and also may or may not be the only method available.

I’d urge you to bring all the facts and the documents (particularly the deed...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a rent to buy lease question
Kenneth V Zichi
Kenneth V Zichi answered on Dec 3, 2019

And what is that question?

1 Answer | Asked in Real Estate Law for Michigan on
Q: I’m currently in a situation where the previous owner sold us a home without a permit of occupancy.

There was extensive remodeling without permits and was issued a stop work order and never mentioned these issues.

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

Without seeing the offer to purchase it is hard to know what you can do or even how to proceed for that matter. It sounds like you have already closed, but many of the conditions of an offer survive the closing if done properly and it is often your best avenue to proceed with.

I'd strongly...
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2 Answers | Asked in Estate Planning and Patents (Intellectual Property) for Michigan on
Q: Where can I obtain a quick deed to redo paperwork for my house
Kenneth V Zichi
Kenneth V Zichi answered on Nov 14, 2019

I concur don't try to do this without a licensed attorney 'on board'. There are lots of title companies and even real estate agents who will try to sell you 'blank deeds' and tell you 'it is easy to fill in the blanks and avoid the legal expense'. What they don't tell you is that while it will cost... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I legally rent my grandmother's estate if it is in probate
Kenneth V Zichi
Kenneth V Zichi answered on Nov 7, 2019

Yes -- but there needs to be a personal representative appointed who can act for the estate to enter into the lease if that hasn't been done already.

PLEASE don't try to figure this out without the guidance of a local probate / landlord-tenant attorney to insure the lease is proper and...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: My tenants broke lease early. Do I have to give deposit back? Michigan is the state. No forwarding address when moved

They gave me 30 day notice but no forwarding address. What are my options of returning there deposit back?

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

The law is pretty specific that if the tenants do not provide a forwarding address within 4 days of moving out you are not required to provide them written documentation about the security deposit, but you SHOULD still go through the steps,

Talk with a local attorney to insure you do this...
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3 Answers | Asked in Estate Planning for Michigan on
Q: I was looking for clarification on how a last will and testament works and what an executor can actually do and not do.

My father recently passed in August. He had a total of 5 children including myself. He left one of my sisters as his executor. I have received a copy of his will but I do not really understand it. It seems very broad just states everything he has is to be equally divided between the 5 of us. Well I... Read more »

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

Mr Harris is correct you have options, but BEFORE you decide what you do, it is critical to discuss this with a local estate planning and probate attorney to insure you're not causing more problems than you are solving. Petitioning for supervision can be expensive and add a great deal of time to... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I currently live in a +55 complex in MI. I will be moving to a +55 complex in CA. Can I break my lease with no penalty?

I have a one year lease at the Michigan senior living apartment complex (Carrington Place - Farmington Hills) and plan to move to the same type of senior place in California. I believe there is a law for seniors that you can break a lease with no penalty but want to be certain. Thank you!

Kenneth V Zichi
Kenneth V Zichi answered on Oct 29, 2019

Probably not. MCL §554.601a, provides that tenants who have occupied their rental unit for more than 13 months may terminate the lease by a 60-day written notice if the tenant (age 62 or greater) has become eligible for subsidized senior citizen housing, or because the tenant is incapable of... Read more »

2 Answers | Asked in Landlord - Tenant and Small Claims for Michigan on
Q: I live in Iowa now. My previous apartment is not returning my security deposit. Can I file a small claim in Iowa?

I movedout of the apartment in Lansing in Jan 2019 breaking the lease. As per lease agreement, I keep paying rent until the leasing office leased it to someone else. They leased to another rentee in Match 11 2019. I had paid rent of March and I was told over phone that if some one takes over the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 29, 2019

No -- your landlord has no 'connection' to Iowa, and the 'nexus' of the lawsuit -- if justified -- is in Lansing. Ingham County is where any lawsuit needs to be filed, but before you do that it is important to insure you've got a legal basis to do so. Did you provide all the written notices... Read more »

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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: If 2 men purchased property together singlely,can they just add wife's names years later?No quit claim,just added

1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is that... Read more »

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

You are bumping into the concept of ‘dower’ here. That sounds like a perfectly appropriate chain of title, but I concur I’d need to see an abstract of title to know for sure what is going on.

Why the concern? If you are thinking of buying I’d strongly urge you to hire a local real...
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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My daughter rents a single family house in Detroit, Michigan. The landlord notified me that the house is in bankruptcy.

Will she have to continue to pay her monthly rent? She pays her utilities and water, also. She lives in a high area of properties that are selling at an astronomical price. Will she need proof of a deed that the house is in bankruptcy?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 24, 2019

Houses don't go into bankruptcy. The 'short' answer from Mr Geers is correct as far as it goes, but your daughter needs to be taking steps NOW to protect herself, starting with getting a local real estate lawyer to provide real advice and at the same time, getting ready to move once her lease term... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My lease provides internet but I've only gotten a shared password from the landlords house next door and it barely works

It's been 6 weeks. Can I buy my own internet and deduct it?

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

I concur, and without seeing the actual language of the lease a more specific answer is impossible.

That said, as noted, you do "have" Internet, so trying to deduct it from your rent is a good way to

set things off on the wrong foot!

If you're not satisfied with the...
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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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