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Questions Answered by Kenneth V Zichi
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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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 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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1 Answer | Asked in Family Law and Probate for Michigan on
Q: I'm in family court because my son's dad was pulled over and arrested for a stolen vehicle while my son was in his custo

I'm in family court because my son's dad was pulled over and arrested for operating a stolen vehicle while my son was in his care. There are so many discrepancies with this case but my attorney stated to me that my son fell asleep on his sister's lap during a bonfire and that she... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 10, 2023

This is a forum for general questions and answers not specific legal advice. If you believe you’re not getting appropriate representation from your attorney then you need to seek a second opinion and get local legal representation.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I quit claim home to spouse. I have a judgement against myself only. Home is held in tenants by entirety.
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 15, 2023

You CAN.

You most likely should not, however.

But this is not an appropriate forum to get specific legal advice and you REALLY should hire a local licensed attorney to review all the facts and provide you advice!

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1 Answer | Asked in Probate for Michigan on
Q: Hi I have received probate paperwork and was identified as an heir. There is no will. House in deceased name only.

State of michigan. I received probate paperwork and was identified as an heir. App for informal probate/appt of personal rep, testimony to identify heirs, registers statement, acceptance of appointment, notice of appointment and duties of personal representative (which is my step mother), notice to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 5, 2023

This is a forum for general information.

If you need specific legal advice as you are asking for here, you need to consult with a local licensed attorney.

That attorney can review the paperwork, explain what it is and provide you with advice about how it impacts you and what to...
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2 Answers | Asked in Family Law, Probate and Estate Planning for Michigan on
Q: My mother’s name was never on the title of which my father’s uncle left him and his heirs acres of land both parents

are deceased 9 children 3 deceased

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 8, 2023

Your question isn't clear. Is your uncle still alive? Was there probate when your father died? I assume the land is now partly (completely?) in the name of your Father's estate, and it needs to be distributed and re-titled through the probate process.

I would STRONGLY urge you to...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: Seller is unable to proceed with closing due to financial situation. What are my rights, and what action should i take?

I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 25, 2023

That depends on what your attorney put in the offer about failure to complete the sale.

You DID have an attorney draft the offer, right? Talk with that attorney to review your options. Typically they can include forcing the sale or accepting liquidated damages ... but your question...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: How do I obtain a deed for my property?

New house owned 36 years. I do not recall any deed information.

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

Your situation provides an opportunity to help others ... but this comment won't help you.

NEVER buy property without having an attorney look over the offer (yes, the OFFER!) and the entire closing package.

NOT just the 'closing statement' and NOT the day before the...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Can condominium landlord still use the garbage services I pay for?

I have owned my condominium in Michigan for 25+ years and lived there the first 15. I still own the unit, but now I'm a landlord and rent it out. My tenant sends a monthly check to me and I pay the mortgage, taxes, and all condo association dues.

The condominium hires a waste... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 5, 2023

What does your lease say about that?

What about the condo association rules?

Does the contractor have limits?

How would you accomplish that?

If you’re getting the idea that you cannot get specific legal advice without hiring z lawyer you’ll understand why...
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3 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: My ex husband is financing me a house I won't be on the deed but I pay mortgage how can I protect myself

I'm not able to get approved for a house loan so my ex husband family will put it in their name. I'm responsible for all repairs and mortgage and down payment. But they don't want me on the deed how can I protect my self in case they try to kick me out. He said once the house is paid... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 5, 2023

1) you cannot enter into an agreement concerning real estate without a WRITTEN contract.

2) the contract needs to be legally binding.

3) what you are describing is not enforceable.

Get a local attorney (licensed!) to represent you. It will be cheaper to hire an attorney...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan on
Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with,... View More

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

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: What rights does a renter living in a home sold by land contract have once the buyer dies before contract completion?

Renter paid monthly rent of 500$.. lived in home with buyer at time of death

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2023

The buyer’s estate steps into the shoes of the buyer.

The ‘rights’ of the lessee depend on his relationship to the estate.

This is a FAR more complicated and fact dependent situation than can be discussed cogently in a forum like this.

You NEED to consult with a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Does a warranty deed include both the real property and all personal property? Brother trying to pull a fast one? (Mi)

My mother died in 12/22. She had a warranty deed which transferred the real property to my brother. He is claiming rights to all personal property as well thru execution of the warranty deed. There is no will. My mother's lawyer backs his understanding and said siblings have no recourse.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 1, 2023

I concur — deeds cover real estate only unless there are SPECIFIC written documents that say otherwise.

You need to have your own attorney contact your brother (and his attorney) right away before the property ‘disappears’.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What is included in warranty deed transfer upon death? Both real and physical (personal. Contents) property ?

My brother states he receives not only the physical home and land from my mother but all personal property inside the he as well. One clean swoop. Is this true? The personal items are worth as much as the physical property . Michigan. Warranty deed. Thank you

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 22, 2023

Mr Soble is right and a DEED has nothing to do with probate.

Please seek out licensed local legal representation and sort this out ASAP as once a few months pass it’s going to be BERY difficult to sort out personal property issues!

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a leasing agency legally enter my apartment when I am not present and without my permission if I live in Michigan?

The leasing agency did a complex-wide inspection for pets. My apartment was inspected while I was not there, and I did not give permission. They claim to have sent six notices of the inspection to my email weeks beforehand, but I did not receive any emails about inspections. Is what they're... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2023

Mr Sole is right and the piece of the puzzle we are missing is WHAT does your LEASE say?

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2 Answers | Asked in Estate Planning for Michigan on
Q: What should I expect to pay to have our son appointed durable power of attorney?
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 27, 2023

As Mr Cozart said, 'it depends'.

Anywhere between 'free' if you use a DIY form of dubious quality you might find on the internet to $10,000 for a full estate plan for someone who wants trusts and has multi-millions in assets and has tax planning issues that make things...
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