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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Probate for Michigan on
Q: What does applicant does not have priority to serve mean
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2024

It means that the applicant for something doesn't have the priority under law to serve as that something. What are you looking at that says this? Details might help. Short of that, getting local advice from a licensed attorney will likely help.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I need legal advice on a recent issue with a house purchase. The title cleared, but the property is now on a demolition.

1. House Purchase: I bought a house and the title cleared during the purchase process.

2. Demolition List: However, I have recently discovered that the house is listed on a demolition list with the city.

3. Renovations: In good faith, I proceeded with renovations on the property,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 15, 2024

What sort of ‘list’ is this on? Can that determination be reversed?

Your BEST option is to stop the house from being demolished. In that case you can continue with the repairs and use the place.

I’d focus less on ‘undoing’ the sale and instead concentrate on preventing the demolition.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can i get a Legal Aid attorney? I'm out of country landlord and do not have the money for attorney fees.

Can i get a Legal Aid attorney? My tenant took me and my management company to court, I'm out of country landlord and do not have the money for attorney fees.

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 11, 2024

If you own rental property you most likely don’t meet poverty guidelines to qualify for legal aid.

Your location shouldn’t matter in hiring an attorney. Ask your management company to help you find representation and pay the fees needed to retain local counsel.

1 Answer | Asked in Probate for Michigan on
Q: i need to file a complaint under mcl 700.1205 i have all proof necessary and fraud is reported to bank and police

probate case is filed already and i have my powers of authority.

Kenneth V Zichi
Kenneth V Zichi
answered on May 20, 2024

That is not a question. If you need help filing a complaint, or taking other appropriate action, you should contact a local attorney to represent you and/or the estate to begin the process necessary.

This is not a forum for providing legal advice, but just general information.

1 Answer | Asked in Probate for Michigan on
Q: Hi, how do I (form?) request money from an estate in probate for an heir listed? Probate is 11 years old and not moving

2013-786143-DE - Nancy Ann Thomas estate probate case

Case No. 16-14079 - UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Carson v. Chilkewitz - Chilkewitz won case to not pay Carson due to another estate. The money needs to go to Chilkewitz

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 5, 2024

There is no ‘form’ to enforce a judgment, if that’s what you are asking. There are forms to garnish wages, bank accounts and to do creditor exams but what you REALLY need is to hire a local attorney to review the facts and provide real legal advice. This forum is not going to lead to useful answers.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Hello, we purchased a home In Michigan in our LLC name in 2023. We accidentally used the EIN from wrong LLC
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 31, 2024

You have not actually asked a question. Typically the EIN is only used for tax purposes so this doesn’t impact the TITLE but it will impact your capital gains and other tax issues so you’re going to need to amend things and file that amendment with ALL the appropriate agencies.

Get a...
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2 Answers | Asked in Estate Planning for Michigan on
Q: As married couple-home in both names-Only son is beneficiary on all assets - How do we add son to home as beneficiary?
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

Yes, "Ladybird" deeds are available in Michigan, but there are also some pretty specific affidavit filing requirements -- you should consult with a licensed local real estate attorney to be sure you're doing this right!

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1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: My mothers lawyer passed away in June 2007; I think she had a created a will, but I don't know where to find the records

The office is closed and no known associates.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 18, 2023

The state bar of michigan has begun a program where solo practitioners need to name a ‘successor agent’ for cases like this.

Try contacting them and fingers crossed he’s named such an agent. …

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for Michigan on
Q: Is there a minimum size of land requirement for a private particle accelerator laboratory?

Research and development physics laboratory that would include particle accelerators. For the state of Michigan

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

Zoning requirements vary depending on WHERE in the state you are. Your best bet is to contact a local lawyer to provide specific information for the city/township where you are interested in building.

That said, there are LOTS of legal issues before building a complex thing like this, and...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Landlord tenant case I need to file a motion to reconsider a motion to set aside a default judgement motion to stay

EMERGENCY HELP TIME SENSITIVE MATTER I need guidance in filing a motion reconsider so we can get back in front of the judge in regards to a landlord tenant case on back rent that is owed my mother owns her mobile home has lived in this park for 12 years, they are taking her to court for rent owed... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

You need to hire a LOCAL attorney familiar with trailer park rentals.

Get off the internet looking for help, and get on the phone to someone nearby who can help.

This is not going to be a successful DIY situation -- you cannot afford to NOT have an attorney familiar with the area...
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1 Answer | Asked in Probate for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf of Matthew's mother,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 28, 2023

This is FAR too complicated and fact specific to provide any general guidance. You need to talk with a local guardianship attorney.

Additionally, something doesn't ring true: "granted a protective order against the petitioners progeny"

Courts don't grant...
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3 Answers | Asked in Contracts, Real Estate Law and Sexual Harassment for Michigan on
Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Is there any specific court document from probate court that states who the heir is?

I have a Petition and Order of Assignment but is there a document I can get that is more focused on just stating who the heir is? The small estate was settled 5 years ago and I am the only heir but I don't recall receiving any document besides the PAOA.

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

The order part of that should state how the property was to be distributed. Whether or not you're an 'heir' doesn't really matter. Did the order provide you should receive the property? What more are you looking for?

1 Answer | Asked in Estate Planning, Tax Law and Public Benefits for Michigan on
Q: Would owning a farm (not a primary residence) be considered a sellable asset to medicaid in Michigan?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I owe 29,000 on a land contract Home can I sell the property even though I still owe one contract
Kenneth V Zichi
Kenneth V Zichi
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

1 Answer | Asked in Real Estate Law and Estate Planning for Michigan on
Q: My name is not on the deed of our home. I am the wife. We have been married since 1987. In 2017 no more dower rights.

Does that affect my situation or only the deeds that came after the new 2017 ruling?

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Hello I have a question

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Estate Planning for Michigan on
Q: Michigan is a pension payout part of a trust? My brother past away and my mom was excluded Trust is she entitled pen

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!!

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Probate for Michigan on
Q: I feel there has been a breach of financiary duty with the executing of my late mothers will and my inheritance/ trust.

My sisters are trustees and I am a beneficiary. I bought a house with my money but they refuse to put me on the deed. They cannot supply financial records for my beneficiary Acton r which was supposed to exist but does not and they are missing other important financial documents. Also my brother in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 13, 2023

This is a forum for general questions and answers, not specific legal advice.

You clearly need legal representation, starting from the point of you say you purchased something with YOUR money but it was not put into YOUR name apparently? I don't know that this is so much a...
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