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Questions Answered by Kenneth V Zichi
2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 22, 2021

This depends on what you mean by 'took out'. If they used the LIPs money to buy the policy then yes, as Mr Geers suggests it will be in the records of the Probate Court Conservatorship (which is often different than the Guardianship).

Your question is far more complicated than...
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1 Answer | Asked in Estate Planning for Michigan on
Q: my mother died and her will was changed when she got sick
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 20, 2021

Provided her illness didn't impact her mental abilities, there is nothing necessarily improper about the facts you state. If you have questions, I would urge you to consult with a local probate and estate planning attorney ASAP.

-- This answer is offered for informational purposes only...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Best friend of 34 years passed away on 11/09/2021 I am beneficiary. How do I start to collect.??? Family blocked me
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 10, 2021

Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.

HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this....
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3 Answers | Asked in Real Estate Law for Michigan on
Q: My parents both died and left me their home, which I have always lived in. I am on Mental Disability.

my cousin had me sign A mIchigan Life deed and now keeps taking me to court to try and evecit me, he is now suing for a Quiet Title. What are my rights?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 8, 2021

I concur - you need to have an attorney review the paperwork. Mr Geers and my confusion stems from the fact that a "Michigan Life Deed" is not a term used in the law.

Your local real estate attorney will need to SEE the deed you're referring to as well as the attempts to...
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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: Girlfriend and I own 2 properties together, she lives in one I live in another. Can we both get homestead exemption?

Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

Your question has a 'fatal flaw'.

There is no such thing as 'joint tenant in common with right of survivorship'. You EITHER own as 'tenants in common' OR you have 'rights of survivorship', It can't be both. Tenants in common implies there is no...
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3 Answers | Asked in Divorce, Estate Planning, Family Law and Tax Law for Michigan on
Q: Can wife and I establish a family trust as co-trustees regarding properties that can withstand an uncontested divorce?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

It is unclear what you are trying to accomplish.

A divorce will ALWAYS impact jointly owned property, and the fact it is placed in a 'trust' for some estate planning or administrative purpose doesn't mean a divorce court shouldn't or couldn't 'delve into'...
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1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Michigan on
Q: Is there a way to pass on a property my S. Corp owns to my children without uncapping property tax?

I am the sole owner of my S. Corp.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

You have asked a fairly complex question that requires the review of both a lawyer and a tax specialist (that may be one person or if you have a tax accountant it may be two).

Off hand, I'd say it depends on what the property is used for. Residential? Commercial? Rental? And what does...
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2 Answers | Asked in Probate for Michigan on
Q: Do my brother and I have any rights to our family home or can my stepmother do with it what she wants?

My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 6, 2021

Mr Geer's answer is correct, but I add to emphasize that the ONLY way to impact real estate in Michigan (with some VERY limited exceptions) is by putting it in writing. If there was nothing in writing -- a deed, a will, and/or a probate court order etc -- the title is not impacted.... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: Hi, my uncle had left me a tractor. The loan was agenst his savings. So the savings payed the loan. Im told now that

I have to pay the loan. He put it in writing that it was to be mine. Am i leaglly resonsible for the loan. Even though his savings payed for it? My cousin says i owe her the money.

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 26, 2021

Without seeing the documents (the will and the loan documents) it is impossible to say. GENERALLY when there is a lien against a piece of property the person 'inheriting' it needs to pay the loan. SOME wills specify loans should be paid from the estate first and any inheritance is made... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: my dad died. He took out a loan on the house owed by the estate of my dad. Now they are askin me to be named a successor

does this make me liable for the loan

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 24, 2021

"Named a successor" to WHAT? Without seeing the proposed paperwork it is impossible to say what they're asking and whether or not you'll be liable for the loan. Seek local legal representation to review the ENTIRE transaction to determine whether or not it makes sense, is in... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: I have an irrevocable trust I would like to gain access to. Is there any legal way to do so.

I am the beneficiary of an irrevocable trust that my father left. The terms are pretty simple. I get 4% a year from the trust, plush 18k/yr for medical, at the banks discretion. The trust began at a bank that has since switched companies 3 times and is now Huntington Bank. When I have asked in the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 22, 2021

You can use one of the several companies (some more reputable than others) that will buy an annuity or other 'stream of payments' like you receive from this trust at a 'discount' and pay you cash up front. This will likely turn out to be MORE Than 5% interest you're paying... View More

2 Answers | Asked in Probate for Michigan on
Q: What is the order of inheritance if no will exists? Children.. grandchildren..etc

My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 20, 2021

The ‘order of inheritance’ is spelled out in

http://legislature.mi.gov/doc.aspx?mcl-700-2102.

The bottom line is that if it is in the name of someone no longer alive, probate should have been started but if it isn’t the priority to begin probate lies with a surviving spouse...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I just found out my land contract seller never signed any contract but told me he did what are my rights

I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 20, 2021

A contract in real estate in Michigan needs to be written. If you didn’t both sign, you don’t have a contract. You can TRY to claim otherwise but there isn’t a great chance of success.

You MAY have more success claiming the payments you DID make were accepted under false pretenses...
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2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: I want to sue out Mortgage co for wrongful foreclosure. We were denied a modification in 2019

We appealed at least 3 times and during the last appeal, mortgage co repeatedly told me that they needed more time. Final call to mortgage co to see what was going on they told me we ran out of time because the house sold at auction on that very day. They said they sent a notice which we did not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 14, 2021

I focus most closely and strongly agree with Mr Geers in emphasizing that nobody is ENTITLED to getting a modification to a mortgage or any other kind of loan agreement. To the extent it is available, great, and if the other side 'played games' and prevented you from complying with the... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If MLS stating Seller "is installing new hot water tank and clear surfacing asphalt driveway" and mls # is inserted into

Purchase agreement next to tax ID # - are those representations legally binding on Seller? Seller now refuses to provide proof those actions were done. Does Buyer have recourse?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 4, 2021

Ate the sealing and hot water heater MENTIONED in the offer to purchase?

If not then the terms of the offer don’t imply anything. If it says ‘subject to the promises in mls#x’ then maybe. If it simply mentioned the number— that is going to be a ‘hard sell’. This is one of the...
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2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2021

I agree particularly with the likelihood that the issue may have been waived by your acceptance at closing. Without seeing the entire closing package including the offer and the ‘punch list’ of repairs required it is hard to say for sure.

If the real estate people put IN WRITING that...
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1 Answer | Asked in Estate Planning for Michigan on
Q: My grandmother recently died and she has trust in which her house is a part of. My aunt is the beneficiary. Can I see it

My mother (daughter of grandmother) is no longer living as well. Do I receive any portion that my mother would have gotten from the Trust

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 25, 2021

Without seeing the trust it is impossible to answer your question.

You should ask your aunt to get a copy of the trust and then take it to an attorney to review and you will be able to get those answers.

— this answer is offered for information only and does not constitute legal...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I need to sell my home but other person on deed refuses to

The home is being rented out by someone that can’t find another place to live but I need to sell the home due to financial hardship. We are on the mortgage together. What are my options since the other party refuses to corporate?

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 24, 2021

That depends on how the other person and you own the property jointly — as joint tenants with rights of survivorship or as tenants in common …

You need to take your deed (the mortgage is not relevant in selling the property as it will just need to be paid off at the closing in any case)...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I am currently an owner as tenant in common with several of my siblings of a vacant piece of low value property in MI

that we would like to sell to an adjacent property owner. The buyer suggested quit claim deed for transfer. However, two of my sibling owners listed on the deed have passed away intestate. Both were in California. One had a husband that inherited everything, and the other was unmarried with very... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 22, 2021

Mr Morris is probably right, but check with a licensed attorney in the jurisdiction in question. California may have something similar to a 'small estate' proceedings in Michigan that doesn't require FULL probate to deal with small assets.

Fingers crossed there is a cheaper...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a home on 1 acre that was parceled off 40 acres. The township did not record the split.

The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 9, 2021

The beat option is to not close until this is resolved.

If you have already closed, did your attorney review the paperwork before closing? Wasn’t the issue obvious at that point? Did you hire your own attorney to review the closing package and offer to purchase?

You can still...
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