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Questions Answered by Kenneth V Zichi
2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

Are you SURE the deed acts to immediately transfer ownership? Has it been recorded? Mr Morris is correct, but if you're still uncertain, 'asking on the internet' is not going to net you actual legal advice. I would urge you to consult with your own lawyer or at least the one who... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Probate for Michigan on
Q: If i didn't sign as a guarantor on any court document, am i liable for attorney fees and burial expenses?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Estate Planning and Business Formation for Michigan on
Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county.

The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Probate for Michigan on
Q: Is Michigan's probate Notice of Intent form (PC 557) needed if a Personal Representative is named in a Will?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: hi I have a partially paid land contract that my cousin left to me upon his death, can his son his beneficiary take it ?

I'm in possession of the original deed and the contract and his will for this signed and notarized.

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Probate for Michigan on
Q: If my parent died, did not specifically disinherit me from the will, but named the others, do I have grounds to contest?

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?

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: Unmarried parents. Only deceased father’s name on deed.His other children took his 2 other houses. Need my name on deed

How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.

Kenneth V Zichi
Kenneth V Zichi
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

2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

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

Kenneth V Zichi
Kenneth V Zichi
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....
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

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

Kenneth V Zichi
Kenneth V Zichi
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

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?

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

Kenneth V Zichi
Kenneth V Zichi
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

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can I have the power company run underground wire,down a private road/easement to our land?

We are allowed to use this easement, just need to know if I need to ask the owners permission to move forward with the power company

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 17, 2024

Is your easement for ingress only or does it include the ability to site utilities? Without seeing the easement and knowing where you are it is impossible to provide a real answer, but a local lawyer can look at this quickly and let you know if you bring him all the paperwork.

Bottom line...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Constitutional Law for Michigan on
Q: I need a tenant lawyer in Michigan. I am in emergency need because I've been served a Writ for eviction.

My mother has passed away June of 2023 and I went to her mortgagee 1 month after her death to get deed put in my name and her lender told me not to worry about transferring the deed at that time, just make sure that I keep paying her homeowners insurance. He has never been to my house I had gone... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2024

Michigan is a very large state — are you in Iron Mountain, Detroit, Traverse City or Grand Rapids? … you need to find a LOCAL lawyer who can review all the paperwork and provide actual advice and representation.

Frankly, at this point and from the limited details you provide, you...
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1 Answer | Asked in Elder Law and Estate Planning for Michigan on
Q: Refund check from nursing home after a death

My mother-in-law entered a nursing home and it was private pay. We had to pay a month up front. We paid with my credit card. She died after 2 weeks so we are owed a refund. The facility wants to issue the check payable to the estate of mother-in-law but since we paid for it, shouldn't we be... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2024

I'm sorry to hear of your loss.

Unfortunately, the answer to your question depends on what the agreement says when you made the payment. Without seeing the paperwork it is impossible to provide any real advice. You should consult with a local attorney who can look at the paperwork and...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: After spending 70k rehabbing a property the Detroit land bank reconveyed it what are my options
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 25, 2024

You don't provide enough information to even hazard a guess.

Without details like time frame, what you did, what your interest was in the property and the tax status of the land it is impossible to say.

I'd strongly suggest you gather the above information, copies of all...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: My city wants to plant a tree in the easement area betweent he sidewalk and road - can I stop them if I dont want the tr
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2024

Mr Morris is correct, and your question actually highlights something most people don't understand about how real property law 'works'. In MOST cities, the city owns the street, including up to and a little past the sidewalk area. That is CITY property, not yours. There is no... View More

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2 Answers | Asked in Estate Planning for Michigan on
Q: A lawyer said we need 3 things at consultation 1) will (2) Lady Bird Deed (3) Power of attorney, NO TRUST…we’re confused
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 13, 2024

You should ask the lawyer why.

Many people ‘feel like’ they need a trust when that is not necessary and will only add complexity and expense.

If you are confused — ASK.

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