Should we sign this or are we required to?
answered on Dec 28, 2023
You should have received this as part of the ACCEPTANCE of the offer -- even before closing.
You absolutely positively certainly most assuredly need to get to a local real estate lawyer ASAP (as in yesterday) to review your closing paperwork. I assume based on your question you didn't... View More 
My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did... View More
answered on Dec 27, 2023
They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'.
Look at it this way, if the $100,000 house in a probate estate has a... View More
answered on Dec 20, 2023
Lawyers do not ‘oversee’ wills.
Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.
Is your father now deceased? The Personal... View More
The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.
answered on Dec 15, 2023
What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents?
As you can see, there are many... View More
We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the... View More
answered on Dec 15, 2023
My condolences on your loss.
The BRIEF answer to your question is: no that form is not needed.
This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures... View More
have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More
answered on Dec 9, 2023
You don't want to cloud the title. You want to buy the property!
Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.
But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they... View More
I'm in possession of the original deed and the contract and his will for this signed and notarized.
answered on Dec 5, 2023
You've used two different terms that make me think you're not understanding how this works.
If you are the DEVISEE (named in a will) and the asset passes through probate, then a 'beneficiary' doesn't exist and you're good.
If there is a BENEFICIARY... View More
My parent died last year, I was not informed about will or trust, I am not specifically disinherited from the will, but the other children are specifically mentioned. Do I have grounds to contest the will and/or entitled to any assets, or will I be turned down?
answered on Dec 4, 2023
There is a QUESTION, but nothing is guaranteed. I always advise people to SPECIFICALLY name someone they intend to disinherit just to avoid the ‘dad was getting old and just forgot’ argument to challenge the Will.
That’s exactly what You have here but that doesn’t necessarily mean... View More
How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.
answered on Dec 4, 2023
If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More
I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More
answered on Dec 1, 2023
If I understand your facts correctly, you left
Without paying the final month of rent and they took your security deposit to pay that rent.
There is no law that prevents that.
Indeed they are even permitted to take past due rent without having to file a court case.... View More
Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry
answered on Nov 30, 2023
If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More
2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement... View More
answered on Nov 27, 2023
Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a... View More
I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More
answered on Nov 21, 2023
Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.
Get yourself a local landlord tenant attorney to review all the facts and... View More
became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference?... View More
answered on Nov 13, 2023
Indeed Mr Arrasmith is correct, but in addition, Michigan recognizes the 'statute of frauds' which requires that contracts for ownership in real estate must be in writing to be enforceable so any 'verbal agreement' would be invalid for that reason too.
You will likely... View More
Prior to developing brain cancer a friend had been nursing his dying father. When his dad died the family home became his and so did the father's farm. Both properties are in the state of Michigan. Would medicaid require the sale of the farm to help with my friend's medical expenses?... View More
answered on Nov 6, 2023
Business (and ANY non-homestead) property such as a farm that is rented out is not considered an 'exempt' property and needs to be liquidated in order to qualify for medicaid.
The PROCESS of doing that can be technical and complicated, so it is best to get local legal... View More
answered on Oct 10, 2023
Most likely, yes. But there will also likely be 'conditions'. Is there a 'due on sale' clause or prohibition on further transfer during the contract term? If so, you may STILL be able to sell so long as you at the same time pay off the remaining balance of the land contract.... View More
Does that affect my situation or only the deeds that came after the new 2017 ruling?
answered on Oct 3, 2023
No -- dower was abolished in April 2017 so with the limited exception of widows whose spouse died before then, there is no dower.
BUT there are other 'rights' surviving spouses (of both genders) retain such as electing against a will or inheriting something through intestate... View More
I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More
answered on Oct 3, 2023
You MAY be asked to pay something 'up front' to be removed from a lease, but if you ARE removed from the lease, you won't be liable for anything further. The only way you would continue to be liable is if you are NOT removed from the lease.
Get local legal advice before you... View More
According to my brother executor she doesn’t but according to the pension people at his company she does. Causing lot of family drama! Being called trying to pull one!!
answered on Sep 23, 2023
IF (and only if) the 'pension' has a death benefit -- maybe.
Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.
If the TRUST is the named beneficiary, then the... View More
There has been an unauthorized easement to my property for over 85 yrs. Ive only owned the property for 6 yrs. The path is the only way to get to my driveway or i have to park on the road. However, parking my vehicles on the road will block my neighbors driveways. The city road is only wide enough... View More
answered on Sep 13, 2023
There are lots of unanswered questions raised by your statement of facts here. "Unauthorized" in what way? Who owns the property -- you or the city? Is this easement on YOUR property or are you trying to use the property AS an easement to get access to your property? It is all pretty... View More
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