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
answered on Mar 22, 2023
Generally, a warranty deed is a form of deed that provides an unlimited warranty of title. The grantor guarantees that tthey have good and marketable title to a subject property. It is important to know that the warranty is not limited to the time that the current owner owned the property. It... Read more »
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.... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
answered on Mar 9, 2023
No, a simple trust does not have to be closed within 2 years of the grantor's death. But it appears you may have misread the question on IRS Form 1041. On 2022 IRS Form 1041 page 3, at question 8, it asks "If the decedent’s estate has been open for more than 2 years, attach an... Read more »
Her only income is social security and she has no real assets. The township is threatening fines if she doesn’t have it torn down. She was letting go back for unpaid taxes. She has no assets and is considering a lone that she can not afford to remedy this. Does she have any options? Can you put... Read more »
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
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... Read more »
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... Read more »
answered on Mar 1, 2023
They can enter only if there is proper notice that is usually defined in a provision within the lease, or if there is an emergency. For more information please see www.ProvenResource.com
How do we transfer ownership to my mom, then her children in the future and avoid probate?
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... Read more »
My home went into foreclosure in 2020 and I sold it 2 weeks into the redemption. I got a 1099-s, discharge of mortgage from the vice president of the company and a closure of account. I also walked away with a check from the sale. I am being told that I have a $26,000 balance on my credit report... Read more »
answered on Feb 15, 2023
This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.
At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds.... Read more »
specifically tort law
answered on Feb 25, 2023
A Michigan attorney could advise best, but your question remains open for three weeks. It might be difficult to find what you describe - attorneys who sue in specific counties. Most law firms don't hold themselves out for the counties or districts they sue in. Instead, they hold themselves out... Read more »
I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... Read more »
answered on Feb 3, 2023
This is a little more complicated.
Was the discharge recorded? Do you have the written acknowledgment of payment in full? Did you rely on those representations when closing on the transaction? Did you get a 1099 showing the write off?
If ALL of the above is true, you have a pretty... Read more »
1. We own streets and sidewalks.
2. We have sidewalk and street plowed/shoveled over 1 and half inches. Is this reasonable care from liability standpoint? Or, would you also have to salt to show reasonable care?
3. We don't think we need to salt street because city... Read more »
answered on Feb 12, 2023
A Michigan attorney could advise best, but your question remains open for two weeks. When it comes to defining "reasonable care," it can sometimes be open to debate. In a textbook sense, it is generally regarded as the level of care that a reasonably prudent person would use. The... Read more »
I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »
answered on Jan 24, 2023
The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »
We own a parcel of land across the state. We're part of a HOA, although our lot is separated by a half mile from the main grouping of homes that are on a cul-de-sac. The main grouping has voting rights on rules changes, but we do not. The HOA wants to change the Home Rental clause (think Air... Read more »
answered on Jan 18, 2023
It is impossible to say without reviewing the HOA rules.
The 'short' answer is 'probably'
As a private entity, they can set rules however they want including the rules about amending and voting on rules. If you don't like that, you shouldn't have... Read more »
Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »
answered on Jan 17, 2023
IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.
Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t... Read more »
I did not pay my HOA dues for 2 years. My fault completely. I received a foreclosure filing over $725. The filing attorney wants $2,100 for filing what should have been a small claim.
I sent an email to the HOA explaining that I would be sending 3 payments to cover the past due. They sent... Read more »
answered on Jan 17, 2023
You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... Read more »
Currently, the general contractor on my residential project is filing an invalid lien on my property but he is not licensed. The subcontractor who performed the work is licensed but he is not filing the lien. Can he do this?
answered on Jan 11, 2023
No. The contractor must be a licensed contractor to file a lien. The lien would be unenforceable. The contractor cannot enforce the lien in a court action.
See more at: www.provenresource.com
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,... Read more »
answered on Jan 5, 2023
Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.
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