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Questions Answered by Kenneth V Zichi
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: Single mom left no will. Only daughter showed to court as personal Rep. Do I need to involve grandchildren still?

I lived with my mom my whole life. I am the only living child besides one grandson that didn't show up to court. I plan to continue living in the house which is her only property. Do I need to involve him if there is nothing for him to inherit?

Kenneth V Zichi
Kenneth V Zichi answered on Aug 17, 2020

What Mr Geers states is correct, but it makes several assumptions (IS the house in the estate? We can't really say FOR SURE without seeing the deeds etc.).

Therefore it is REALLY important that you consult with a local probate attorney to review ALL the facts to insure you're...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: My home purchase agreement said "all appliances" in a special paragraph. Should I get stand alone freezer?

this was in a paragraph under the normal verbiage about built in appliances, lights etc

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

Without seeing the actual agreement, it is hard to say. Occasionally one paragraph will contradict another and it may not be so clear as it seems.

I would strongly urge you to consult with a local real estate attorney to review the paperwork and provide an opinion. That attorney can then...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Hi: My realtor didn't tell me about a designated agency agreement while putting a offer on a property but unknowingly

I signed the agreement electronically (for six months). I am not happy with the realtor so sent a email to terminate the agreement mutually. This realtor is asking me $5,000 for his time. I sent another email to the realtor to terminate the agreement mentioning that I will not pay anything as he... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 5, 2020

Without seeing the agreement it is hard to give specific advice. You need to share that agreement and ALL the facts surrounding it with a local lawyer to review and provide real advice.

That said, this is yet one more reason to always have legal review of agreements before signing, or at...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My dad is from the state of Michigan where he has a home and pays taxes. However recently he has been moved to a nursing

My dad is from the state of Michigan where he has a home and pays taxes. However recently he has been moved to a nursing home in the state of Wisconsin. He would like a durable power of attorney with me as appointee, should I get these forms based out of Wisconsin because that is where he will be... Read more »

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

Although all states recognize the authority of documents drafted in the other states, it will be far easier to get someone nearby to prepare the documents. His WILL should probably be done in Michigan if that is his residency (Nursing home placement doesn't usually change residency!) but the... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I live in Texas. I am in process of purchasing land in Michigan. Can I put the land in my 15 y/o child’s name ?

I want to do this for her to have an immediate investment at age 18. The land is currently void of structure.

Kenneth V Zichi
Kenneth V Zichi answered on Jul 26, 2020

Not directly. You must be 18 to own land in Michigan (and most other states too) although the child could be a beneficiary of a trust that owned land. But that too has down-sides.

Why do you want to do this? There may be other options but without looking at ALL the facts and circumstances...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: The seller of the property is US citizen living in a foreign country. What are the requirements for witnessing his

signature on a quitclaim deed for property in Ohio? May it be done digitally or must it be in person and in front of whom?

Kenneth V Zichi
Kenneth V Zichi answered on Jul 15, 2020

You need to ask an Ohio lawyer rather than Michigan. Laws vary from state to state!

That said, there is usually some sort of apostile or notary in that foreign country that may be acceptable for recording in Ohio.

Please consult with an Ohio attorney to review the requirements and...
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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

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

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
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1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Michigan on
Q: If I vacate a home I own with another unmarried person in MI, does that person have gain rights to my share of the home?

We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2020

You do not need to reside in a home to maintain an ownership interest in it.

However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.

There may well be issues not...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a seller sue me if they sign a contract releasing me from a sale if I add in the verbage clearing of further action

I am days before closing. My uncle recently passed away and those who were willed the home reached out to see if I'd want to buy the house. I understand if I back out of the original home purchase I lose my deposit. I also know the seller can technically sue me for mortgage payments until the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 26, 2020

It may work, and it may not. ANYONE with $150 can sue for any reason whether or not a lawsuit is technically valid.

That said, IF and only if the release is worded appropriately it can protect you. BUT -- and I can't stress this enough, do not EVER take legal advice from a realtor! Or...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Does an "AS IS" offer hold up in Michigan Real Estate Law?

House under contract, Seller countered Buyer's offer and added in the Purchase Contract an "AS IS" clause and was accepted by the Buyer. Buyer had inspection performed and now wants to come back asking for me to reduce price for items that were found on the inspection, even though... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 26, 2020

The facts you state don't completely jive with an 'as is' contract.

Was there an 'inspection' clause? Why would you do that if the offer was really 'as is'? Under the law, unclear provisions are construed against the drafter in most cases.

Without...
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1 Answer | Asked in Real Estate Law and Animal / Dog Law for Michigan on
Q: Neighbors got a pitbull puppy. Are they required to get a fence or some type of confinement system?

We have a dog and 2 small children. We had an electrical fence installed to contain our dog. We live in Michigan. Are there any laws that required pet owners to get a fence or containment system installed?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

In most areas dogs are required to be contained by either some sort of fence (invisible fencing is acceptable) or on a leash when not in direct control of the owner.

The ‘direct control’ is the tricky part. (Think hunting dogs For example, that are allowed to be off leash So long as...
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1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can I voice record my supervisor due to harassment and retaliation ? I work in a government agency I live in Michigan
Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

This is a far more complicated question than it appears. Michigan law makes it a crime to "use ... any device to eavesdrop upon [a] conversation without the consent of all parties." and further prohibits installing a recording device in a 'private location' without the consent... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
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2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hi I have a question about adult guardianship case. I want to terminate my Father's guardianship case.

Can I have power of Attorney over my parent if someone else has guardianship over him

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

Court appointed guardianship superceeds previous Powers of Attorney, and if there is no previous power of attorney then being under a guardianship implies you lack capacity to grant a power.

You need to consult with a local probate attorney to determine what you need to do if your FATHER...
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1 Answer | Asked in Banking, Child Support, Estate Planning and Family Law for Michigan on
Q: I live in michigan and have family court questions that the courthouse couldn’t answer. Who can i call to get answers.

I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.

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

Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.

You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local...
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1 Answer | Asked in Health Care Law, Estate Planning, Real Estate Law and Probate for Michigan on
Q: Can my sister set up POA (for legal and medical) while she is hospitalized? She is still mentally competent.

My sister is in the hospital, for kidney disease and another life-threatening illness. She will remain there for another 7 weeks, after which she is expected to get a kidney transplant.  She is mentally competent--understands what the doctors tell her, has normal conversations with us and can... Read more »

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

The short answer to your first questions is yes, if she is mentally competent she can sign powers of attorney no matter what the state of her physical health is.

The much better answer to all these questions is she should not be making these decisions without the involvement of a local...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: How to have a trespassing ban lifted for my childrens father from my hid housing community?

Does the property manager/Board of Directors have the right to indefinitely ban a guest from the property or my personal apartment?

My childrens father , also married but separated has been banned from the complex for years. I was evicted in the past for having him on my property to bring... Read more »

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

Without examining all the circumstances it is hard to say for sure what is going on here.

Landlords, including those who accept HUD money, have the right to restrict entry to their private property for non-discriminatory reasons. If a person, for example, has damaged property or assaulted...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a property manager in HUD Cooperative permanently indefinitely ban a guest

Brownstown,mi

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

You asked this in some detail in another question. Let me reiterate:

Without examining all the circumstances it is hard to say for sure what is going on here.

Landlords, including those who accept HUD money, have the right to restrict entry to their private property for...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: My property is from the off door side of my trailer to the off door side of the Neighbors. Can the park change my lease

Can the park change my property line even though my lease states it's one way and the park says its another?

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

Can they change the lease During your term of tenancy? Not without your agreement.

Can they change the lease at the end of the term? Yes.

Why would this matter unless they are claiming this means you need to move your trailer?

FAR more details are needed to provide legal...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: seller breaches occupancy stay in closing contract, can I sue for the initial 30 days given prior to breach?

bought a house, in closing agreement I was giving seller 30 days free occupancy, seller needs more time but isn't willing to pay or trying to pay only half of the mortgage price per day. Can I sue for price of mortgage per day past due date and the 30 days initially give due to the breach?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 9, 2020

You can SUE for anything.

WINNING the suit is another issue all together.

And even if you win, it may not be worth it.

That may sound flippant, but really, it is far more important to consider ALL the implications before jumping to a lawsuit, and that is why...
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