Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kenneth V Zichi
2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 6, 2023

Do you have COPIES of the documents you delivered returning the keys and providing your forwarding address?

Without copies, you didn't send them (the landlord WILL claim this!)

Your best bet at this point is to hire an attorney to fight this or just pay (a probably smaller...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Hi- We closed on a new home on 9-14-22, on 12-21-22 we received a call that the lendor miscalculated our payment.

On our mortgage paperwork at closing showed our principal/interest payment was $1,100. They said they miscalculated and said it’s now $1,500. They offered to pay $800 for the 2 months that were miscalculated. Just want to know if we are legally obligated to sign a new closing disclosure with new... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 22, 2022

Without reviewing your whole closing package it is impossible to know what your situation is. Did you sign an ‘errors and Omissions’ addendum? What exactly is the ‘error’? Something with your escrow? Did you have an attorney review the paperwork before you closed? They might have caught the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am locked into a year lease that is not up until August. I received a notice to quit for non payment and the two optio
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 8, 2022

Your question got cut off and isn't really a question.

HOWEVER, I can answer.

You need to take your lease and that notice to quit and records showing whether or not you have paid the lease as agreed to a local attorney ASAP. We can't provide an answer here because the...
View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Michigan on
Q: Real estate: Living Mother & Deceased Father on title. Both on medicare. Dad died in long term nursing home care.

My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2022

There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.

Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do...
View More

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: I want to gift a piece of vacant property to my son. I want to do this while I am still alive. What are the tax liabilit

We would like to do this tax-free. He is married as am I. Is there a way to do this?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2022

There are several ways to do this and MANY wrong ways.

A Quit claim deed is one but you need to appropriately record transfer affidavits and report the gift properly. There probably won’t be tax due but depending on how you structure things a return may be due. The rules are complicated...
View More

3 Answers | Asked in Real Estate Law for Michigan on
Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win

winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 28, 2022

Did you accept mediation? Then the Court case is over, whether or not it is a 'winning' case. So the question then becomes:

Is your attorney telling you since you accepted the mediation award, the case is over and you don't like that? Sorry, your attorney would be correct if...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Our neighbor is the owner of a shared easement with us. We maintain. Can I push snow onto their land . .

We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 26, 2022

Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?

If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a...
View More

1 Answer | Asked in Estate Planning for Michigan on
Q: I own my house with my boyfriend. Could he leave his half in a will or trust?

We have a mortgage on the house. And it is in both of our names. Can my boyfriend leave his half in a will or trust?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2022

That depends on HOW you own in jointly. If it is as 'tenants in common' then you or your boyfriend can certainly leave a fractional half to anyone, but the VALUE of an "undivided half interest" in a house is pretty difficult to set.

If the house is owned 'with...
View More

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: is there anything I can do about a blighted property? the city wont act. can I go over there head?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

"Over their head"? Who would you expect to go to if the city won't act? The State? The Federal Government? A Supreme Being?

You can certainly take some 'out of the box' steps. Why not offer the owner a reasonable amount of money to buy the blighted property and...
View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a twp restrict or deny multifamily zoning if it doesn't have any land zoned as such?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 14, 2022

While there may be issues if the township has EXCLUDED specific types of structures from all zones, the lack of a 'multifamily' zoning district in and of itself is not necessarily an issue.

The FULL answer would require examining and analyzing the whole zoning ordinance and the...
View More

1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: can you get a building permit to build a home on landlocked property in Michigan?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 28, 2022

Generally, no unless you have some way to legally access public rights of way, you cannot build on a parcel.

You would need to work with a neighbor to get an easement of some sort. USUALLY that is done while the property is in 'common ownership' so the ONE landlord creates...
View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: My brother is a co signer on my home and since my other passed he has gone crazy he will not help me save my hous

He will not sign the refinance papers he won't sign a quick deed is there any recourse for me

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 27, 2022

Your question is missing some facts that are important. I assume 'Scott' is your brother.

The 'missing' facts are:

Is your brother a co-signer on the loan or a co-owner of the house?

If he's a co-owner, is he a tenant in common or a joint tenant...
View More

View More Answers

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...
View More

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!

View More Answers

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...
View More

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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.