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Questions Answered by Kenneth V Zichi
2 Answers | Asked in Real Estate Law for Michigan on
Q: Our neighbor followed our property surveyor around as he staked our property last week…he verbally shouted at my husband

Immediately after surveyors left the neighbor appeared in his driveway abruptly and shouted toward my husband and I that “ it will all be moved tomorrow” and “ he isn’t approaching us about it…it will be handled”

What is our next action legally as he has not removed his fence... View More

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

You need to 1) document where the survey stakes are and include in the photo things like how far the fence is from the corners etc, by photographing tape measures along with the features of the land etc.

2) get a copy of the written survey report which ideally will also show these...
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1 Answer | Asked in Real Estate Law and Construction Law for Michigan on
Q: Is it legal for real estate selling company to require purchase merchandise credit for store where outlot is located?

purchasing an outlot piece of land and they are tying theland purchase to the requirement to purchase a merch credit of 15% of the sale price at closing-- we would never purchase that much of material from them-- seems very shady

Kenneth V Zichi
Kenneth V Zichi
answered on May 19, 2021

I’m not sure exactly what they are requesting, but they can ask anything that is not illegal.

You don’t have to agree to the terms requested though.

However — and I can’t emphasize this enough — before you sign an offer to purchase you absolutely should have it reviewed...
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1 Answer | Asked in Estate Planning for Michigan on
Q: How to get my sister name off the title and mortgage. She is dieing and she will not sign a paper give me the house.

Her name is only for work weeks when we signed on the house. She pays no bills. My name is also on the house title and mortgage and I'm the one who pays the mortgage.

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

You cannot force someone to give or sell property. If her name is the only one in the mortgage/deed she will need to voluntarily sell (‘sign off’) the property or you will need to probate the property after she passes. The real issue here is that if there’s a mortgage that will complicate... View More

4 Answers | Asked in Real Estate Law for Michigan on
Q: Is a hand written receipt legally binding on the sale of a house

Friend of mine sold me her house for very little money, and now a year later wants to take it back. I have a signed receipt from her and her ex husband. Will that be enough to stop her from kicking me out?

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2021

Mr Geers has provided a sound analysis, but the bottom line is none of us can actually provide you legal advice in a forum like this. Please seek local legal representation! There MAY be something you can do, but I fear that the assessment that you've not done a good job protecting yourself... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: I inherited an irrevocable trust when my mother died in Sep. 2020. My sister is the executor. But I have no paperwork

I would like to use it as a down payment on a house. However I have no details about the size of the trust or how to ask for some of the money. What paperwork does the trustee or executor have to provide to the beneficiary,?

Thank you

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

It depends on the terms of the trust.

But you SHOULD be able to get a copy of the trust. If indeed you actually are the beneficiary. The trust itself will contain the terms of what you’re able to ask for and how to make the request.

If you don’t understand the terms of the...
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1 Answer | Asked in Probate for Michigan on
Q: Do minor children and their father have any say in selling the home the children lived in with their deceased mother?

My boyfriend’s ex wife died and he has 2 daughters with her, she also has an older son from a previous marriage. Do the daughters and their father have any say in what happens to the home she owned. There was no will and the estate is going to probate.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2021

The (minor?) daughters do but especially if there are minors it gets complicated. As the surviving parent, their father may help them, but HE has no interest in the estate or say over things in his own right.

I’d urge him to consult with a local probate attorney to review all the facts...
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2 Answers | Asked in Probate for Michigan on
Q: If my dad dies, and he owned a house, how would things be settled between my siblings without going to probate??

He died intestate, except for a video that made my sister the executor of his estate. She wants to keep the house in his name, so as to "not rock the boat".

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2021

Deceased persons cannot own property, buy insurance or otherwise 'act' as an owner. You're not 'rocking the boat' by transferring property (through Probate or otherwise if a Trust etc, were put in place) after someone dies. You're creating problems if you DO NOT do so.... View More

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1 Answer | Asked in Criminal Law and Real Estate Law for Michigan on
Q: I think I have been emailed by a scammer he says he is an attorney from london england robert kaan

He says something about family heritage and a lawrence treloar who I have never heard of and they need a beneficiary to claim his assets and ect... He said he was a hemp oil business man. Who inherited the business from his mother kate treloar

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2021

If you THINK it’s a scammer it probably is. The best course of action is to ignore it.

This one is a bit craftier than most as it appears they have picked the name of a real barrister from Britain, but if it smells funny you can always ask that they mail you something documenting their...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: all of my property was stolen by the manager of Flint-Stor-All, 3502 Gorey Ave Flint, MI 48506. while i was in Montana

he gave me a 24 hour Eviction notice and took all of my property the next day. i was paid until the end of the month and got there in 2 days to save my property but he said he sold everything already! isnt this considered a burglary?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 18, 2021

Burglary— no.

Perhaps a ‘civil conversion’ or improper lien attachment but without seeing the lease and notice it is hard to say for sure. ...

Bring your paperwork to a Genessee County attorney to review ASAP to determine what if anything you can do and how much it will cost...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Trailer park sold me a mobile home then told me they dont have a title for it what do I do to get the title

They gave me a bill of sale after I paid for it and told me to get an abandoned title from secretary of state the previous owner passed away but they have a son who said he couldn't find the title

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 15, 2021

So in essence they sold you something they didn't own ....

Under what authority would YOU have to apply for a lost title? That sounds like something the HEIRS of the previous owner could do, and if the park took an assignment from those heirs something IT might be able to do, but the...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Is there anything, in Michigan, a renter has to sign that states specifically that they’re off of a lease?

I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 15, 2021

As noted, this depends entirely on the lease.

Was it a lease for a defined term and that term has expired? There needs to be nothing more in writing, and if you've turned in the keys and moved out, that is that, so to speak.

If you are attempting to terminate EARLY, then yes,...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: LLC formed in new york want to use it for a rental property in michigan do I need to obtain a Certificate of Authority
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 13, 2021

Yes, but you don’t ‘obtain’ it, you file it with the state’s corporation bureau.

The form is pretty self explanatory, but if you’re going to be renting property in Michigan it makes sense to hire and retain a lawyer in the area of that property to insure you comply with...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My minor children are due to receive life insurance from my ex husband. What do I need to file in the state of Michigan
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 13, 2021

This depends on the amount of the insurance. Further, if the children are with you in Indiana, it is likely INDIANA law you need to comply with.

I'd urge you to consult with a local attorney familiar with Guardianship / minor beneficiary issues as it may be necessary to open a...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Bought trailer on april 2nd and finalized on april 7th now the previous owner refuses to move out until end of may or

June. We are considered over occupancy where we are now. What do we do?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 10, 2021

Without seeing the purchase agreement it is hard to say. When was there supposed to be occupancy? At closing? Within c days of closing? Etc.

Also ‘over occupancy’ is not a term used in Michigan law. What do you mean? You’re ‘holding over’ on a previous lease? Oat one month rent...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am the policy holder on medical insurance and my wife passed early Feb 2021. Am I responsible for paying her copay?

Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?

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

I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.

if one of us dies, does the property have to go through probate court?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2021

Wisconsin is a 'community property' state so it would be best if you got advice from a Wisconsin lawyer to be sure of ALL the ramifications, however, in MOST states owning as 'husband and wife' implies a survivorship interest that does not require probate.

There ARE...
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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2021

What sort of 'online search' did you do? Online sources are notoriously inaccurate so the fact you show up in one in a strange way means next to nothing in and of itself.

What is the context of the search"? (you own the place, you live there etc). You don't necessarily...
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4 Answers | Asked in Probate for Michigan on
Q: Can a personal representative in Michigan transfer property to himself?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 3, 2021

IF the will/intestate succession suggests that the Personal Representative should inherit, it is the PRs obligation to transfer the property as you suggest.

IF the will/intestate succession suggests otherwise it would be a violation of the fiduciary duty to do so.

The answer...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My parents will left everything to my brother. If my brother died prior to me everything would pass to me.

My brother died but willed the estate to someone else. Can I challenge the will?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 3, 2021

Your facts don't lead to an answer to your question. The question "Can I challenge the will" doesn't hinge on whether or not your brother died before you or if he left his estate to someone else in a will.

Challenging a will is only proper for very specific reasons like...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My parents were married 16years.Divorced Decided to cohabitate,due to my brothers stroke condition.

My father suffered a major heart attack on March 16 and passed. No will. Nothing discussed. There are 6 of us children. We all agreed, that everything should go to my mother. Is there an easier way, other than probate. He had no major creditors

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

There is much mis-information about probate, but while the 'easier' ship sailed when your father passed without planning (a Will alone would not have helped...) the process of probate need not be 'difficult'.

Please consult with a local estate planning and probate...
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