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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a sale be forced on pardners if 3 partners own 54.4% .

I belong to a bow club that owns 120 Acres. There are 16 plus partners that have all privileges. Myself, my son and one other member own 54.4% and pay 54.4% of the taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on May 17, 2023

I assume the partnership is incorporated under Michigan law?

How is the property titled? In the name of individuals or the name of the partnership?

What does the partnership agreement say about selling assets?

Does it require a simple majority or a super-majority?...
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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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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Can my neighbor put a shed, coop, etc on my 60’ foot wide private ingress/egress easement that cuts across his property?

My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 16, 2023

The SHORT answer is that the owner of the land cannot put anything on the easement that would impair the use of the easement by the other party.

So. plant grass? Sure.

Put gravel down to improve the access? Absolutely.

Put in a fence or building that prevents using the...
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2 Answers | Asked in Probate for Michigan on
Q: Mother recently passed. Estate qualifies for small estate administration in Michigan using Assignment of Property.

There are significant assets that will transfer outside of probate (trust, POD). Is an Order for Assignment of Property sufficient when dealing with miscellaneous entities (post office, locksmiths, utilities, etc)? Or is it advisable to go for Informal Administration. Affairs were not complex -... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 16, 2023

Mr Harris is right, but I have found the Post Office (particularly) can be 'dense' and insist on seeing letters of authority before they will do 'anything' -- depending on the local postmaster etc. Go to the post office and try to put in a forwarding order or contact the... View More

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am the remainderman under a lady bird deed. Do I only inherit the house?

Michigan. Items were taken by the police, am I entitled to them or do I have to file a probate claim?

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

I agree with Mr Harris, but I'm compelled to ask -- the POLICE? It is VERY unusual for the police to become involved in such things unless 1) there was violence and/or 2) the items removed were somehow contraband.

YOU ABSOLUTELY NEED to get local legal advice and probably...
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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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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: We want to buy a HOA property adjacent to us. What do we do to buy? HOA board want us to find out all steps to buy.

We have maintained the HOA property adjacent to us for over 30 yrs. By-laws don't mention the sale/purchase of hoa property but amendments must pass by 2/3 vote. If a vote was passed to allow purchase, WHAT ARE THE NEXT STEPS FOR US TO PURCHASE THE PROPERTY. The board has asked us to find... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2023

Want to buy it as in 'and remove it from the HoA'?

Want to buy it and keep it IN the HoA?

Want to fraudulently report it as 'not a sale' so the HoA doesn't have to pay capital gains tax?

While the last one is 'shady and likely to end you up in...
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1 Answer | Asked in Family Law, Probate and Child Support for Michigan on
Q: If there is a guardianship (full) order in place that lists a father but he isn't on the birth certificate what happens

I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?

This is a follow up question to a question I asked... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 23, 2023

If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.

To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,...
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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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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: My wife and brother inherited their mothers home upon her death. It was sold 2 months later.

Their mother had put their names on the title many years ago. She controlled the house, paid all the expenses, taxes, insurance, etc. She would never have been forced out of the house by her children. When she died, the house was left to her son and daughter, and it was sold two months later.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 17, 2023

That depends on HOW 'their names were on it'. Did your mother in law have a lady-bird deed prepared or did she do a simple quit claim deed to 'avoid probate'? (SO many bad decisions are made to 'avoid probate'!)

Take all the documents to a local real estate...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My sister died intestate. Can your lawyer represent her destitute son to settle her estate?

He is not mentally able to handle her estate, nor is his brother (who is also homeless).

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 15, 2023

I'm sorry to hear of your loss.

Mr Harris is correct, but it seems like you're trying to get a lawyer to undergo representation via the website. That isn't how this works.

You need to work with the lawyer to RETAIN services, and that involves some phone calls and...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: How can I get out of my office lease with these unlivable conditions?

I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 14, 2023

Without reading your lease it is hard to say.

RESIDENTIAL leases have an implied warranty of habitability, but that is not automatically the case with commercial leases. (Indeed, many say ‘as is’ and if that’s not good enough, tough. )

Get your lease to a local licensed...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Must a simple trust be closed within 2 years of the grantor's death? I saw a question about this on the IRS form 1041.

My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... View More

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

I absolutely agree with Mr Harris.

And NEITHER complex estate settlement (as the mere existence of a Trust implies) nor tax issues are fertile "DIY" ground.

If there is a car and nothing else or some SIMPLE probate, maybe, but even then, failing to publish appropriately...
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1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Michigan on
Q: I lived in a condo that had mold in each unit one floor had four units & common area Does the assoc have to post this

I believe there’s a law in Michigan that the condo association has the post that there is lad, our mold in the buildings in the common area

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

I believe you’re confusing rental property and condos. They are NOT the same thing, and the rules are distinct.

While there are FEDERAL rules about the disclosure of *LEAD* in both rentals and sales, there are no federal or state rules in Michigan about mold. For either condos or rental...
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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 Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

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

IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... View More

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