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My childhood home has two years of unpaid taxes and if they aren’t paid by March 31st, 2022 the county takes the home. It’s abandoned and no one lives there. I’m not the owner and I cannot reach the owner (I’ve been trying). I was told if I pay the delinquent taxes and get a tax certificate... View More 
answered on Aug 10, 2021
You can’t just pay the taxes and expect to be reimbursed.
That procedure works if you purchase the property at a tax sale, which is the official sale once the taxes have reached the level of delinquency that you mention.
The procedures for bidding at a tax sale or complicated and... View More
Can I just add their names to the deed. I hear a living trust cost $2500. Wouldn't adding their names be the cheapest easiest way?
answered on Aug 3, 2021
There are far less expensive and more appropriate ways to accomplish your pal, but ‘just putting their name on the deed’ is not one of them.
Please consult with a local estate planning attorney to review ‘ladybird’ deeds or other options. Sometimes a will us counterintuitively... View More
I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... View More
answered on Aug 2, 2021
Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?
A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not... View More
In Michigan, I am the executor of my daughters will. Her assets all have beneficiaries named except a car worth around $15,000. (no spouse, 2 minor children) Her house had a transfer on death designation. Do I need to "file" the will in court and do I need to probate it? Also, do I need... View More
answered on Aug 2, 2021
First of all, you aren't an executor until the Court appoints you as executor. Until then you're the NOMINATED executor. That difference is important and keep that in mind. You don't HAVE to do anything, but there are minor children involved so it is important that they be taken care... View More
I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.
answered on Aug 2, 2021
The key point is ‘what does the lease say’?
Even absent a provision so long as the landlord gives appropriate notice and enters at a reasonable time he is probably well within his rights — it IS his house after all. ….
If you have questions please call the attorney you got... View More
The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... View More
answered on Jul 27, 2021
An asset of that value probably cannot be assigned without probate absent pre-planning no matter how you 'agree' upon things. HOWEVER the 'formal probate process' is not as daunting as you might have been lead to believe ...
There are many who try to scare people about... View More
My landlocked residence has an appurtenant easement to cross adjacent undeveloped property to access the public road. A bridge over a creek is part of the easement path. I am the only private user of the easement. The path and bridge serve only my home. The servient tenement property owner never... View More
answered on Jul 23, 2021
It appears as if you're looking for legal representation. This forum is for answering general questions rather than specifics, and the NATURE of the easement matters a great deal so no 'general answer' is going to get you what you want. As for case law, again, you need to hire an... View More
my siblings and I are beneficiary of one of my dad's IRAs, we want to make his surviving wife the sole beneficiary. can we do that and have the IRA still be pre-tax.
answered on Jul 22, 2021
Ms Whitehurst is correct but she fails to explicitly state YOU as a beneficiary cannot ‘change the beneficiary’ at any time and after death NOone can.
Disclaimers MAY work, as noted, but there will likely be issues so it is important to get real legal advice before acting.
—... View More
I’m an only child my father has lived with a woman for 20+yrs, they never married. If he died how would his assets be distributed? We all live in Michigan, all of his assets are located in Michigan. Most of the stuff he owns is solely in his name.
answered on Jul 9, 2021
If there is no spouse but there are surviving children the children inherit property that is in the deceased’s name only under Michigan law. But there needs to be private and that needs to be done promptly and properly.
Your father needs to think about his estate planning and create a... View More
A neighbor filed a lis pendens (adverse possession) on my father’s property ‘in 02. The lis pendens ended in a judgement in my father’s favor (got to keep the property, but no improvements could be made to formerly disputed property). The neighbor has died and sold the property. I purchased... View More
answered on Jul 6, 2021
The lid pendins is no longer relevant after the judgment but the JUDGMENT may still be relevant. Without seeing RHC actual judgment and any documents recorded in the chain of title however , it is impossible to know the current state of affairs.
Judgments related to land OFTENZ (but not... View More
answered on Jul 5, 2021
The short answer is 'probably not' You have an obligation to mitigate damages or in some cases the lease is voidable upon death.
Seek local legal counsel to get specifics after reviewing the lease document, and CERTAINLY you have an obligation to mitigate damages so get the place... View More
Does a notice of continued administration have to last one calender year or can an estate be closed before then?
answered on Jun 29, 2021
An estate can be closed sooner than one year but the administration must be COMPLETE before closing.
If the PR files a disallowance early that might not matter but if it is filed late in the year that may mean the estate cannot be closed without an extension.
Trying to do any of... View More
What does this statement mean exactly in lay terms: ..."for $100,000 subject to easements and building and use restrictions of record and further subject to any encumbrances that have arisen under or through Grantee since September 2019, the date of the land contract pursuant to which this... View More
answered on Jun 25, 2021
This is 'common boiler plate' language for a deed granted after payment in full on a land contract.
It means if the land contract buyer did something during the contract that may have impaired the title, the seller takes no liability for that.
If you don't... View More
I checked with the county records and there is definitely no HAO for my property. These people got together and just decided it's within their rights to create one. What can I do so I don't end up with issues when I go to sell?
answered on Jun 21, 2021
If you've never signed anything and there is nothing in your chain of title, there is no HOA.
If you've agreed to something then all bets are off however.
Without seeing all the documents however, we're shooting in the dark. You need to consult with a LOCAL real... View More
When I insisted I want to see my actual unit prior to move in, the leasing agent indicated I can’t view the apartment until move in day. I was informed in writing that if the apartment doesn’t need my standards I have the option to decline to move in. But that option will place my family at... View More
answered on Jun 19, 2021
Advice?
Seek a different leasing agent/apartment.
Would you buy a house without looking at it first?
There is nothing LEGALLY requiring someone to show you an apartment before leasing it, but there is nothing LEGALLY requiring YOU to lease it either. If they are unwilling... View More
Estate closed, how can caregiver get what he set up for her???
answered on Jun 13, 2021
It is unclear what you are asking, but if the estate has been closed without the caregiver making a claim, the recourse may be gone.
If there was some sort of security that WAS set up, there may be options, but the only way to know for sure is to meet with a local attorney and review all... View More
Last name of my second sole personal representative (my niece) is misspelled. Can it be corrected or do I need all new documents?
answered on Jun 9, 2021
If the misspelling is obvious / innocuous (smyth vs smith for example) there will likely be no big issue and an affidavit is fine. A simple codicil will also work well. The BEST solution is to redo the document particularly if there is the possibility of any misinterpretation. (You have nieces... View More
My wife is named (not yet appointed executor) and her fathers belongings are tying up a fair amount of space in our home. We want probate to just be over with, and don't want it to take forever. We think he wants to contest the will or the appointment of my wife as executor. How long can he... View More
answered on Jun 2, 2021
A 'Probate Caveat' is not a term used in Michigan law. It is more typically used in the UK, but I imagine that there may be a state or two where that is done also.
Michigan takes a different approach, and people who wish to prevent probating either a specific document or having a... View More
One year anniversary. My question would be is the one year anniversary on the date filed? Disposition date? Inventory action date? Acceptance of appointment date? When I asked him these questions he danced around the questions and said the cases was going well. Any answer to my question would be... View More
answered on May 31, 2021
It is one year from the date of appointment, but that is a 'loose' standard. There are reasons it may be extended, and in the interim you should have received paperwork such as the inventory and notices, etc.
If you're not comfortable with what has happened, I'd urge you... View More
answered on May 27, 2021
This depends a lot on the estate plans put in place and whether or not there is a buy-sell agreement or other 'key personnel' provisions in that business.
You NEED to take all the relevant documents to a local attorney ASAP to review and give you actual legal advice. The answer... View More
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