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If yes - How do I determine damages?
answered on May 10, 2022
Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... View More 
Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?
answered on May 4, 2022
You mean in the PHOTOS of the listing?
It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.
I remember as a young adult looking at a house that was in my price range and the photos in the listing were all... View More
We hired a lawyer to represent us in the estate of my wife's deceased father. We thought everything was going well as we were filling out asset reports and such we were giving bank accounts to the lawyer and everything seemed normal after 6 months he asked us for our proof and right up for the... View More
answered on Apr 26, 2022
USUALLY the lawyer handles that, but what did your retainer say about who was doing what?
There won't be a 'problem' since the estate doesn't need to be closed for 12 months, but it is important to be sure you know who will be doing what when you hire an attorney. You... View More
she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.
answered on Apr 24, 2022
There are significant differences between land contracts and mortgages and before you do anything I’d confirm directly with the habitat attorney they won’t help if someone has equitable title instead of legal title and then consult with your own attorney before you do anything.
Most... View More
My girlfriend wants her name off the mortgage that we both share. She wants me to refinance and pay her half of equity that's in the house. If I can't afford to pay her half of equity can she force me to sell the home? I have already been approved to take over the mortgage loan by myself.... View More
answered on Apr 25, 2022
This is essentially a 'divorce' and you need to approach it that way. PLEASE seek local legal representation so you can both get the answer to 'what can she do' (as Mr Harris has pointed out the answer will be different depending on how you own the house!) and what YOU should do... View More
answered on Apr 22, 2022
You need to hire an attorney to help! The attorney can do whatever is needed to accumulate paperwork, etc. without violating any PPOs.
Trying to DIY this given the PPO is asking for trouble.
Get local representation!
The company is headquartered in Indiana, I signed the contract in Michigan.
answered on Apr 15, 2022
Mr Morris is right, and further without seeing the actual contract it is unclear if you even have the ability to sue ... many contracts contain mandatory arbitration clauses which might preclude a lawsuit. It may also be more expensive to arbitrate or sue than you're out at this point so any... View More
Condition of floors did not change in the one months time the buyers had showing, performed inspection, had final walk through and a walk through again 30 days after closing (30 day occupancy clause). Buyers have been in house for a week and they have two large dogs and I have yet to see proof of... View More
answered on Apr 10, 2022
Without seeing the accepted offer, closing package and any escrow agreements you signed at the time of closing and before, it is impossible to answer your question cogently.
Did you have an attorney review the closing package and offer? If you accepted an offer without an attorney review,... View More
He's been living there rent free. Title and all bills are in my deceased parents name. Will states that the condo is to be divided by 4 or if all agree the brother can buy us out. I do not agree. What do we do now? My sister is the executive. We signed over our rights as executives in order to... View More
answered on Apr 5, 2022
I assume your sister is the personal representative. Michigan doesn’t appoint executors or executives.
If she’s been appointed by the court she has the authority and is REQUIRED to settle the estate which means selling or distributing the house.
However, the tone of your... View More
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years
answered on Mar 20, 2022
Without seeing the judgment and any other documents like the garnishment orders etc., it is impossible to provide you any real legal guidance. Did you have an attorney? THAT is the first place you should turn to have this explained.
If not, you need to find a LOCAL (to the area where the... View More
We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses
answered on Mar 15, 2022
What does your contract say? What is ‘acceptable’ is largely dependent on what you agreed to and without seeing the documents it is impossible to say for sure.
You need to run mot walk to a local attorney who can review the documents and provide you real advice on this. You should... View More
This deed is in fulfillment of a land contract with the now deceased.
answered on Mar 14, 2022
Yes, but you would be well advised to consult with an attorney who is familiar with real estate and probate law to insure the deed is drafted correctly, DO NOT rely on a 'title company' or 'realtor' who is not licensed to practice law to do this and BEWARE anyone who prepares a... View More
Is there anyone that could give me free legal advice for free if so who?
answered on Mar 12, 2022
MOST attorneys offer limited consultations at no charge.
You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation.... View More
They had no will and we just sold it ( a few years after they passed after getting permission from courts).
There are 7 children splitting the money whom each get about $8,000 each.
They had no other assets or estate to speak of
answered on Mar 7, 2022
Mr Geers is correct IF the house sold for the inventoried value (or less). If it were inventoried for less than it sold for, there may be capital gains taxes to pay.
The BEST person to ask this of is your attorney who handled the estate (did you have one?) as there may well be other issues... View More
Both my father and stepmom passed away there was no will and it did not go to probate as there were no assets and me and my sister agreed. My father had a pistol that he carried on him. So how do I get it registered in my name and what do I need to do so? Tried looking online and can’t find any... View More
answered on Mar 6, 2022
I am sorry to hear of your loss, but you've made a critical error in your factual discussion. If there was a pistol, there WERE assets no matter what your sister and you agreed.
You are correct that you probably don't need to go through a 'full' probate if the firearm... View More
& I filed missing persons reports and took dental records to the morgue. No one has seen or heard from my mother since. How do I go about filing a claim for unclaimed property If we have no death certificate?
answered on Mar 3, 2022
MCL §700.1207 controls as to having someone declared legally dead so you can get a death certificate.
The requirements are there, but frankly this happens so infrequently that I'd have to sit and read the thing to remember exactly what is needed. Provided nobody has seen or heard... View More
My sister and I are currently in probate court battling fathers estranged wife over his home. They were in the process of divorce when he committed suicide and I have numerous divorce documents, texts, handwritten notes and witness testimonies that show she was not to have the home. We are... View More
answered on Mar 2, 2022
I'm sorry to say that unless your father put his 'wishes' into a will or other testamentary document, the laws of intestacy are how his estate will be divided. His misunderstanding of dower really won't play into anything here, and if the divorce was not in process (as in filed... View More
The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?
answered on Mar 1, 2022
Normally you can remove branches over your own property without the permission of the person next to you where the trunk is located.
HOWEVER if you kill the tree in the process, that is not permitted. It sounds like you're setting yourself up to fail if you simply cut the branches... View More
rats in every wall, every ceiling, and now getting into my house. neighbors say person who sold me the house knew about the rats.. I have 3 children. it's not safe anymore to live here with my children.
answered on Feb 27, 2022
This appears to be a question for an exterminator rather than a lawyer. Animals will live wherever they can get in and so long as there is food for them, so removing the ability to get into the house, and getting rid of food sources would seem to be the way to address this.
Did the... View More
Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no... View More
answered on Feb 14, 2022
Mr Geers is correct, but even if your name IS on the deed, if you don't currently 'live' there 'entering' the house, while it perhaps won't technically be a 'crime', is certainly rude and inappropriate -- unless you're invited in or there is some... View More
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