Michigan Questions & Answers

Q: I live out of state and want to buy my deceased grandma's house from my dad and aunt. This home will be used as a 2nd

1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Answered on Feb 21, 2018

If your husband's name is not on the asset, why would his credit affect anything. Just be sure YOU buy the home in YOUR NAME ALONE and it should be fine.

There ARE situations that would impact this however -- Michigan is not a 'community property' state, but there are wrinkles that could cause issues. I'd STRONGLY urge you to consult with a local attorney in Michigan to be sure what you're doing won't fall into any obscure 'wrinkles' that might cause problems.

There WILL be...
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Q: I bought a new construction home in June. I've had nothing but problems. Is there a lemon law for homes?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Feb 21, 2018

There is not a 'lemon law' per se, however, there IS the possibility of proceeding against a builder's license IF ALL ELSE FAILS. (Note that caveat!)

You HAVE to give the builder the opportunity to repair issues, and provide appropriate notice before you can do anything else, but at THIS point what I'd recommend is you contact a DIFFERENT home builder / contractor who is familiar with the type of issues you are having, and get a 'second opinion' as to what is going on. Is the house...
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Q: My aunt passed in 2012 leaving a will. The executor as of 2018 has not done anything.

1 Answer | Asked in Family Law and Probate for Michigan on
Answered on Feb 20, 2018

The 'executor' (Personal Representative) has priority to act but if they do nothing within the proscribed period then ANY interested party can petition to become Personal Representative and take over the probate of the Will. If it has been over 5 years, you have CERTAINLY waited long enough (and indeed perhaps too long if taxes are in arrears!) to begin the process.

Seek the advice of a local estate and probate attorney to be sure you are doing this right, and it makes sense to take on...
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Q: In michigan with no will and no assets what needs to be done when the last spouse dies

1 Answer | Asked in Estate Planning for Michigan on
Answered on Feb 20, 2018

If there truly are NO -- absolutely NONE ZERO ZIP -- assets or debts in the deceased person's name then there really isn't anything that NEEDS to be done.

If there are DEBTS you may need to be on the look out for someone trying to get at FAMILY to pay (they probably can't succeed at that but that doesn't mean they won't try).

I would be remiss however, if I didn't caution to be careful about this. I can't begin to tell you the number of times someone THINKS there is 'nothing...
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Q: In a house closing are all credits and debits to buyer and seller required to be written in closing paperwork?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Feb 20, 2018

First, a tax service is usually charged by the loan servicing company which is often a third party fee. It does need to be disclosed on the Good Faith Estimate. If this fee changes, the Good Faith Estimate must be re-disclosed. Based upon your narrative, the email is evidence in writing that he is 'waiving' the fee. However, he may not have the authority to approve said 'waiver." Contact his manager and if it escalates, contact the state - LO and mortgage companies are regulated by the...
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Q: My brother gave his house to me. Filling out quit claim deed. Not sure what answer to put for transfer tax act 207.526

2 Answers | Asked in Tax Law and Real Estate Law for Michigan on
Answered on Feb 20, 2018

You need to complete the Property Transfer Affidavit and file with the appropriate assessing office where your property is located within 45 days of the transfer of ownership, and your basis seems to be $0. However if you are getting a loan to pay off his land contract, the it seems from your facts that the stated purchase price is really the loan amount. You should really execute a purchase agreement as well.

If you found my answer helpful, please indicate as such. Thanks.
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Q: i was sexually assaulted at work and now my medical bills are starting to come in that i can not afford.

1 Answer | Asked in Sexual Harassment for Michigan on
Answered on Feb 20, 2018

I recommend that you contact an employment / workers compensation attorney so you can get the assistance you need.
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Q: My brother girlfriend is pregnant could she put him on child support even when she doesn’t want him apart of the baby..

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 19, 2018

Child support, custody, and parenting time all all separate issues for a court to decide absent an agreement between the parties. If your brother is determined to be the child's legal father, and he makes efforts to be involved in the child's life, then he will likely at least be entitled to parenting time. However, and unfortunately, he may need to take initiative on this one. If he does nothing, then it's certainly possible for him to end up paying child support with no enforceable parenting...
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Q: if my spouse dyes, can see leave our house to her children in her will. against my will?

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 19, 2018

If your name does not appear on the house deed, then yes. However (assuming that you are legally married) you would be entitled to a spouse's elective share against her will.
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Q: Home I own I sold on a lease to own...loan is now fulfilled...I hold a covenent deed on the home should I transfer

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Feb 19, 2018

As indicated in the previous answer, there is not necessarily 'one right' way to do this and a lot will be controlled by the terms of the "lease to own" document. There ARE however other things that may need to be considered.

Seek local legal help to insure you do this properly. There is MORE than just a deed involved in land transfers in Michigan. Don't be penny wise and pound foolish! You need to insure this gets done correctly,

-- This answer is offered for informational...
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Q: My question relates to a situation where a will was written initially then a joint bank account was created

1 Answer | Asked in Estate Planning for Michigan on
Answered on Feb 19, 2018

Joint ownership controls over a will. Wills only distribute what will be in Probate, and joint ownership property (and designated beneficiaries on accounts and insurance) pass outside of probate. Naming a beneficiary or creating a joint asset is not related to Probate and challenges will be dismissed -- absent a showing of fraud or undue influence.

Seek local counsel if you think there might be some reason to 'go after' that account creation.

-- This answer is offered for...
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Q: Purchased a house in Mi...sold to couple on lease to own. They have now paid off loan ..how I transfer deed to them.

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Feb 19, 2018

You would transfer your property interest by a deed. What type of deed will depend on the agreement that the two parties made. Did you agree to transfer with a quit claim deed, a covenant deed or a warranty deed. Here is a link to a brief discussion concerning deeds. www.provenresource.com/quitclaimgonebad
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Q: My mother passed away in early November of last year. She was in an assisted living apartment at the time.

1 Answer | Asked in Probate for Michigan on
Answered on Feb 18, 2018

Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.

Look carefully at that lease -- MOST talk about what happens if there is a death. Most end the lease at that point, and particularly if you vacated and turned over the keys the facility is really stretching.

To...
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Q: I was in prison and an ex girlfriend used my identity to try to open several accounts and killed my credit score

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Small Claims for Michigan on
Answered on Feb 17, 2018

You can absolutely collect damages if you are a victim of identity theft. Depending on the severity of your credit damage you are entitled to compensation under the Fair Credit Reporting Act. You would first have to set up the lawsuit properly by retaining an experienced FCRA lawyer. You can usually get a free consultation so I urge you to seek representation immediately. A civil action against the perpetrator is not likely to succeed in Michigan. But the FCRA might be the avenue to make...
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Q: Can I get money back from my landlord for overpaying on the security deposit?

1 Answer | Asked in Landlord - Tenant for Michigan on
Answered on Feb 16, 2018

Ref your questions. You are right BUT 1.5x deposit is a minimum amount fixed that means not less than that. As you already did pay 2x + lease signed and living therein, it does not make any sense to undo your agreement now. Security deposit is your amount that will be refunded when you at time you move out.
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Q: Can forclosure by not paying property taxes when owning your property outright affect your credit score?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Feb 16, 2018

If the county/city reports that foreclosure on your credit report, then yes, it can.

Similarly, and more likely, once the taxes are reported on the public record as delinquent, credit reporting agencies WILL generally pick up on the fact and add that into your record. Remember, taxes are PUBLIC records, and that stuff ends up in your PRIVATE credit history without anyone having to specifically report it.

Bottom line, the short answer is 'yes- and not for the good'.

--...
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Q: In Michigan, due to a traffic violation in a vehicle, does the passenger also have to give I.d?

1 Answer | Asked in Traffic Tickets, Civil Rights, Public Benefits and Small Claims for Michigan on
Answered on Feb 15, 2018

On the street with the police is not the place to make these sort of challenges. Generally, you have a legal obligation to stop and identify yourself at an officer's request - this includes passengers in a vehicle. However, unless the passenger has active warrants or is otherwise arrestable, that should end the encounter.

Being pulled over "for no reason" is a fact intensive inquiry that would need to be made in court.
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Q: Can my wife leave our home and take our daughter with her?

1 Answer | Asked in Family Law, Child Custody and Divorce for Michigan on
Answered on Feb 15, 2018

Unless there is an order preventing this....Yes, she can.
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Q: Does this mean I can end my lease prior to the termination date?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Answered on Feb 14, 2018

To answer this an attorney would need to see the WHOLE LEASE not just the 'whole paragraph', and put it into context. Does this refer to holding over? Sounds like it may. If that is the case, the LENGTH of the lease is 30 days so there isn't a 'prior to the termination date'.

Don't hold your cards so close to your chest that you can't see them all -- share the WHOLE lease with a local real estate attorney who can review the whole thing and provide a real answer.

--This answer...
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Q: We have a Judgement Landlord-Tenant Order. It was ordered (b) The Plaintiff can apply for an order evicting the

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Feb 14, 2018

Not just locked out, but the sheriff can come and remove your belongings and put them out to the curb too. If you need extra time to move out properly, you need to contact the landlord.

DO NOT ignore this. It just gets more expensive if you do. Seek qualified local legal help (many areas have tenant aid groups who can help for little or no cost) to insure you don't make this worse.

--This answer is provided for informational purposes only and does not create an attorney -...
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