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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Family Law, Child Custody and Probate for Michigan on
Q: My mom has custody of my 4 year old and sense guardian ship and guardian ship shes treated me like I'm nothing.

What do I do for visitation asking for a time to si down and go over times is always brushed off. I'm done asking her I want my visits

Kenneth V Zichi
Kenneth V Zichi answered on Mar 23, 2020

What does the Order granting guardianship say about visitation/parenting time?

Is it at the discretion of the parties? If so then you need to petition the Court that granted the guardianship to allow for parenting time/visitation if your mother won't cooperate.

If the order sets...
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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I just found out that my sister convinced my dad to put her on the title/deed to his house.

I believe she took advantage when he was ill. He's 84 and in poor health. My sister does not live with him. What are my options? Thanks.

Kenneth V Zichi
Kenneth V Zichi answered on Mar 23, 2020

I concur that you should consult with a local attorney. You're raising things that don't matter (whether or not sister lived with dad) and glossing over the key element (undue influence). It is critical that you don't emphasize the wrong things and that you DO provide real proof which is not as... Read more »

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: When splitting inheritance between siblings does a decreased siblings portion go to there children if there is no will.

My husband's uncle passed away with no will, no spouse and no children. He is proceeded in death my his parents and one brother. How I read the law is that the inheritance goes to the 2 surviving siblings and the children of the deceased brother. Am I reading that correctly.

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

That is probably correct but there is a lot more to it than that and the probate process is very technical.

I’d urge you to consult with a local probate attorney to insure you follow the process properly and avoid problems.

— this is offered for information only and does not...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am moving from a home and am having a walk through done without a prior check list from when I first moved in can they

Withhold my deposit if they never renewed my lease and redid a new checklist

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

There needs to be an inventory checklist from when you moved in, not from the lease renewal -- be it an 'automatic month to month renewal or something more formal.

If there is no checklist from when you moved in, they will have a hard time showing YOU created some damage. That does not mean...
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2 Answers | Asked in Probate for Michigan on
Q: I moved out of my sister's and she is refusing me possession back of my personal property which my mom gave to me as an

Inheritance. I live in Michigan and my mom gave us all our inheritance just of her personal belongings before she died. My mom is not deceased. What can I do to get my stuff back

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

Mr Harris' answer is technically correct, but it omits what I consider the best option (as it is 'non legal!')

If Mom is still alive, have HER contact your sister and 'read her the riot act' about not taking things from her sister.

I assume if she gave you these things, she's...
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2 Answers | Asked in Estate Planning for Michigan on
Q: How do I open an Estate in Michigan if a will is being hidden from the family by a new wife of the departed
Kenneth V Zichi
Kenneth V Zichi answered on Mar 12, 2020

You need to assess whether or not it makes sense to contest anything, and what there is that may be subject to probate.

Don't file ANYTHING with a Court without legal advice as it may make no sense to do so and will likely cost you much time and effort not to mention money if you file...
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1 Answer | Asked in Probate and Estate Planning for Michigan on
Q: Can I fight my brother on my mom's will? She put him on deed, but in her will she wanted everything split

My mom was going through court with her dead husband's kids so to protect this house she added my brother to the deed because I live in another state. Now he is fighting me even though he know what my mom wanted and won't split the profit from the sale. Do I have a case?

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

I'm sorry to hear of you loss and I'm even sorrier you mom did not seek legal help before placing your brother's name on the deed.

Unfortunately, what your mom "wanted" is not as important as what she did legally. LEGALLY, it appears, she put your brother's name on the house as a survivor?...
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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a Mobile Home Park Manager in Michigan, put LOCK-OUT on my Deceased Uncle's mobile home WITHOUT any Court Order?

My Uncle passed away WITHOUT a Will and only his name is on Title of mobile home. My Uncle's roommate/partner was also on lease & continued to live there until he passed away 1 year later. My cousins are next of kin & live out of state. Since my Uncle's assets are less than $10,000, my cousins do... Read more »

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

There are special rules about lockouts in a park when the tenant is deceased, or the landlord believes the tenant is deceased and there is no probate open.

I'd strongly urge you to consult with a local probate attorney and explore the details of those rules to determine if you need to open...
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2 Answers | Asked in Estate Planning for Michigan on
Q: my mother passed not long ago. I have property in her name. I am terminally ill. No other living siblings.

Others tell me, that my siblings children are entitled to a portion of of my mothers property

Kenneth V Zichi
Kenneth V Zichi answered on Mar 10, 2020

You say you don't have children. Do you have a spouse? How about a will?

You need to do some estate planning for yourself YESTERDAY, and you need to probate your mom's estate to get that property into your name.

Alternately, if you have no heirs, and WANT the property to go to...
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2 Answers | Asked in Probate for Michigan on
Q: IF dead parent left a trust, how can one find out? no communication between siblings.Is there anything that can be done?
Kenneth V Zichi
Kenneth V Zichi answered on Mar 9, 2020

One of the biggest fallacy pushed by the 'trust mill' scare mongers, I mean "planners" (note the quote) is that 'everyone needs a trust' or 'everyone needs to avoid probate'.

You've raised the single most common and frustrating aspect of Trusts and why sometimes they are WORSE than...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: If I can’t pay rent with two months left on lease and have moved out can I be in trouble?

I have roommate he lost job I moved to take care of my mom with breast cancer we have two months left if we moved out can I be liable? I don’t care if they take the deposit.

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

CAN you, yes.

WILL you? Hard to say. You will almost certainly 'lose' your security deposit, and assuming that is 1.5 month's rent, I doubt a landlord will sue for half a month's unpaid rent if you don't also trash the place.

A BETTER course of action would be to contact the...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I ask for seller to lower price if they missed closing date? Is it legal?

On the initial contract, the seller and I agreed to close the house no later than Feb 19. Due to the seller not being able to fix the requested repairs, still can't close the house at March 5. Per seller's request, we are suppose to close on March 6, but now due to missed communication between... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 6, 2020

If the original deal is 'dead' you can ask for any modification, or just not close at all. If you've extended the deadlines however, it is impossible to suggest what might be appropriate under the circumstances. Offers are always subject to negotiation, but once you've both agreed to something, you... Read more »

1 Answer | Asked in Probate for Michigan on
Q: what doe it mean when a letter is sent from State of Michigan Probate Court County of Wayne Re: Notice of intent to

Close Estate Administration & Terminate Personal Representative Authority. I do not understand this language. Please advise. Thank you. I will see and talk with a lawyer later this week, but am confused. I am settling my husband's estate; but my husband's daughter is my problem. I let her handle... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 3, 2020

If you have a lawyer, he will be in a much better position to answer this. The point of the letter from the court is that the appointed personal representative has NOT got everything under control and has failed to complete the probate appropriately. Whether or not that will cause YOU an issue is... Read more »

1 Answer | Asked in Libel & Slander, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I be evicted in 48hrs without being mailed or personally delivered the eviction notice Can I sue for treble damages

I was slandered, potential buyers were scared away and denied to buy my home. I do not receive any phone calls back from my messages I leave for them. Can I still sell or move my trailer? Not sure what to do?

Kenneth V Zichi
Kenneth V Zichi answered on Mar 3, 2020

If you own the trailer, you can always move it -- assuming it is still possible to move in one piece.

As for the rest of the question, without details it is impossible to understand what if anything you can do. "Substituted service" rather than personal service is acceptable for eviction...
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1 Answer | Asked in Probate and Estate Planning for Michigan on
Q: Need help, my mother is deceased i am disinherited from her will can i still sue the hospital for neglected

disinherited from a legal will in Michigan, the will was just mailed out... There is a lawsuit filled against the hospital and was wondering if I can collect from that.

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

To the extent the ESTATE has a lawsuit, if you are validly excluded from the will, you too have no claim. If YOU personally also have a cause of action that may not be the case. To know for sure however, it would require an actual consultation with a local attorney to review all the facts and... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: My mother has a lot in Savannah Lakes that is fully paid for. We just found out that the land is worthless.

No one will buy it. Can we stop paying POA fees and taxes and just walk away?

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

Poa fees? There are no ‘fees’ for a poa — are there some sort of condo / homeowner / timeshare fees?

Without seeing all the paperwork and determining if the property really IS worth nothing it is hard to provide any useful advice. I’d strongly suggest you consult with a local...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I find out when someone actually vacated a house I own half of?

I was quit claim deeded 1/2 a house/land when my step dad died. He also made provision for his gf to live there one year after he died. The house is now vacant but I believe she moved out long ago and my 1/2 sister, the other owner chose not to have her attorney notify mine that the house was... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 19, 2020

It matters not when the vacation actually happened. If she is now out, you can sell your interest. Frankly you could have sold your interest at any time, but selling a 'half interest' in a house is not exactly easy. The only 'easy' sale would be to the other half owner, and it sounds like you may... Read more »

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1 Answer | Asked in Estate Planning for Michigan on
Q: my dad died recently, I am the only son,. I have two sisters We only have a property trust, for a will . Am i entitled

to my dads guns, jewelry, shaver , and things like that

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

What does the 'trust/will' say about this? Because you are the only son it does NOT mean you're entitled to specific items unless there is a will that says so. And without seeing the documents it is impossible to answer these sorts of questions.

Gather up the paperwork, and seek the advice...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If not rent, what is it called? i know is a form for rent that gets written and signed, what form would be needed now?

I pay 150 dollars every month on the 20th to be able to stay at my familys house. She says the money goes to the cable and wifi bill, thats in her name. Im not allowed to call it as rent, what would it be called? I believe it's because she dont want to claim she gets rent because it will mess up... Read more »

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

Whatever you call it, it is 'income' to her (whomever 'she' is ....) and it may or may not disqualify her from receiving SSDI, Without seeing the details and discussing what is REALLY going on here -- for example, why do you care what it is called?

If this is causing you or her issues (and...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if we are unable to get rid of all of the household items before the new owners move in?

My son inherited my ex-husband's house after his death. My son is three hours away at college, so we (myself and husband) have been responsible for cleaning the house out. The house sold, and the new owners will take possession in couple of weeks. We've had an estate sale, and now have listings... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 13, 2020

It depends on what is in the sales agreement that the buyer and seller (ex's estate? Son? other?) agreed to. Does it call for the house to be empty and 'broom clean'?

WORST case, the purchaser could hire someone to clean the place out and charge you for the labor and rubbish removal....
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