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Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More 
answered on Feb 28, 2024
That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.
You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with... View More
I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More
answered on Feb 6, 2024
If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.
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
For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?
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answered on Jan 16, 2024
In a land contract, the terms and conditions are crucial, and they can vary. Generally, the down payment in a land contract acts as a form of security or consideration for the property. In the event of unforeseen circumstances, such as a medical emergency leading to an extended absence from the... View More
My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done
answered on Jan 10, 2024
I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More
Seems that my name is on the title, but I canceled the sell before putting any money down. Does this mean I own the land now? If I sign the quick deed, will I be somehow punished in the future for taxes or something else?
answered on Jan 8, 2024
If a deed was recorded in your favor, you may own it. With ownership comes responsibility, as you observe. There is not enough information provided for an attorney to give a meaningful response, so you may want to consult with an attorney before executing a quit-claim deed and thereby giving up... View More
My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More
answered on Jan 8, 2024
What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?
These are all questions that need answers before you can get any meaningful information ... I have NO clue what a... View More
She is 84 he is 72 my wife and I are on the house deed
answered on Jan 8, 2024
That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?
There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX... View More
What about extended stay in the hospital? Other relatives have keys.
Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.
answered on Jan 2, 2024
You seem to be unsure about your rights and responsibilities. If you intend to treat the quit claim deed as effective, record it with the register of deeds, take control of the home (including changing the locks) and act like an owner. You do not need a lawyer to change the locks unless there are... View More
Should we sign this or are we required to?
answered on Dec 28, 2023
You should have received this as part of the ACCEPTANCE of the offer -- even before closing.
You absolutely positively certainly most assuredly need to get to a local real estate lawyer ASAP (as in yesterday) to review your closing paperwork. I assume based on your question you didn't... View More
have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More
answered on Dec 9, 2023
You don't want to cloud the title. You want to buy the property!
Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.
But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they... View More
I'm in possession of the original deed and the contract and his will for this signed and notarized.
answered on Dec 5, 2023
You've used two different terms that make me think you're not understanding how this works.
If you are the DEVISEE (named in a will) and the asset passes through probate, then a 'beneficiary' doesn't exist and you're good.
If there is a BENEFICIARY... View More
Research and development physics laboratory that would include particle accelerators. For the state of Michigan
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
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
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
How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.
answered on Dec 4, 2023
If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More
Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry
answered on Nov 30, 2023
If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More
Through it there is not an easement can i close it and not allow people to use the road
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answered on Nov 28, 2023
In Michigan, if you own land and there is no formal easement allowing others to use a road on your property, you generally have the right to restrict access to it. An easement would typically be recorded in the property's deed or other legal documents, so it's important to verify this... View More
2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement... View More
answered on Nov 27, 2023
Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a... View More
Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.
answered on Nov 23, 2023
The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More
I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More
answered on Nov 21, 2023
Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.
Get yourself a local landlord tenant attorney to review all the facts and... View More
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