Michigan Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Michigan Questions & Answers
Q: My brother and I bought a house in 2011, it is in both our names. He passed away in July.
Thomas. R. Morris' answer
If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary.
If you owned the house as tenants in common, you should consult with an attorney. It's not possible from the information you provided to properly advise you.
You may want to consult with an attorney or your tax advisor as to the tax ramifications of...
If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary.
If you owned the house as tenants in common, you should consult with an attorney. It's not possible from the information you provided to properly advise you.
You may want to consult with an attorney or your tax advisor as to the tax ramifications of...
Q: I sold a house on a land contract. The buyer is renting out the house and the renter is now 3 months behind on his rent
Dr Kenneth V Zichi J.D.'s answer
Your contract is with the buyer NOT the renter, so it is best to not get them involved, other than you may want to address the forfeiture notice to both the buyer and "all other occupants of" and make sure one is sent to the property address as well as the mailing address of the buyer. You may need to either evict or get a lease with this person at some point in the future if the payments continue to not be made but this is something you need to jump on NOW to insure you don't 'earn' yourself a...
Your contract is with the buyer NOT the renter, so it is best to not get them involved, other than you may want to address the forfeiture notice to both the buyer and "all other occupants of" and make sure one is sent to the property address as well as the mailing address of the buyer. You may need to either evict or get a lease with this person at some point in the future if the payments continue to not be made but this is something you need to jump on NOW to insure you don't 'earn' yourself a...
Q: I live in michigan. I got a letter in the mail to start a child support case for my newborn son but i never filed...
Neil Colman's answer
The fact that you receive public assistance gives the Department of Health and Human Services the right to pursue collection of support from the responsible party who is not receiving benefits and is not living in the home. You didn't file for child support but you've received and accepted support from the taxpayers. Was it reported that your husband was living in the house the entire time you received public assistance benefits? Was your husband working? You would be wise to consult with an...
The fact that you receive public assistance gives the Department of Health and Human Services the right to pursue collection of support from the responsible party who is not receiving benefits and is not living in the home. You didn't file for child support but you've received and accepted support from the taxpayers. Was it reported that your husband was living in the house the entire time you received public assistance benefits? Was your husband working? You would be wise to consult with an...
Q: can someone sell part of their property and land lock themselves in?
Dr Kenneth V Zichi J.D.'s answer
If THEIR land also has an easement that meets appropriate local standards, they can use that for access so it would not 'land-lock' their property. Without seeing ALL the paperwork however, it is impossible to know what the status of the transaction would be.
If you are even SLIGHTLY considering buying property without having an experienced local real estate attorney review the paperwork, STOP. Look in the mirror and say "Is it worth a few hundred dollars to be buying into a potential...
If THEIR land also has an easement that meets appropriate local standards, they can use that for access so it would not 'land-lock' their property. Without seeing ALL the paperwork however, it is impossible to know what the status of the transaction would be.
If you are even SLIGHTLY considering buying property without having an experienced local real estate attorney review the paperwork, STOP. Look in the mirror and say "Is it worth a few hundred dollars to be buying into a potential...
Q: My parents who are in their 80's, and not in good health want to give me their property before they die.
Dr Kenneth V Zichi J.D.'s answer
How lucky do you feel? ANY transfer for less than full market value with the money then being used SOLELY for your parents will likely trigger 'Medicaid recovery' ....
Don't try to be 'too clever' about this. If your parents want to transfer their PRINCIPAL RESIDENCE (which is an 'exempt asset') there are things that can be done such as a properly structured 'ladybird' deed, but what you are describing would be a gift that would disqualify them from receiving medicaid for a period of...
How lucky do you feel? ANY transfer for less than full market value with the money then being used SOLELY for your parents will likely trigger 'Medicaid recovery' ....
Don't try to be 'too clever' about this. If your parents want to transfer their PRINCIPAL RESIDENCE (which is an 'exempt asset') there are things that can be done such as a properly structured 'ladybird' deed, but what you are describing would be a gift that would disqualify them from receiving medicaid for a period of...
Q: I recently pled guilty to impaired driving (in MI).
William Head's answer
Such a sentencing provision usually adds that you must follow any recommended treatment plan.
Such a sentencing provision usually adds that you must follow any recommended treatment plan.
Q: Can our condo association legaly adopt a bylaw that prevents an owner from engaging in a legal activity?
Dr Kenneth V Zichi J.D.'s answer
If the procedures for amending the by-laws are followed yes. You've voluntarily agreed to an additional 'layer' of government with its own rules and conditions.
Think about this. The homeowners association can make a rule you can't have kid's play equipment in a yard, or you can't paint your house a color other than those on an 'approved' palate. They can prohibit you from using your house for business purposes (ANY business!) and prevent you from growing food in the yard so what would...
If the procedures for amending the by-laws are followed yes. You've voluntarily agreed to an additional 'layer' of government with its own rules and conditions.
Think about this. The homeowners association can make a rule you can't have kid's play equipment in a yard, or you can't paint your house a color other than those on an 'approved' palate. They can prohibit you from using your house for business purposes (ANY business!) and prevent you from growing food in the yard so what would...
Q: My father passed away in Mich. I have 2 sisters also who live in Michigan.. I live in Florida. What are my legal rights?
John Richert's answer
If your father lived in Michigan at the time of his passing, you likely need to start with talking to a Michigan probate attorney. If your father resided in Florida, but passed away in Michigan, then you will likely need to speak to a Florida probate attorney.
If your father lived in Michigan at the time of his passing, you likely need to start with talking to a Michigan probate attorney. If your father resided in Florida, but passed away in Michigan, then you will likely need to speak to a Florida probate attorney.
Q: My dad sold property to his step daughter on a verbal agreement - can he place a lien against the land for non payment?
Dr Kenneth V Zichi J.D.'s answer
You cannot sell land with a 'verbal agreement'. Your dad needs to seek legal representation NOW to see if there is anything he can do. Don't delay -- he's about 10 years late seeking representation, but he should see an experienced local real estate lawyer NOW to avoid further issues!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek...
You cannot sell land with a 'verbal agreement'. Your dad needs to seek legal representation NOW to see if there is anything he can do. Don't delay -- he's about 10 years late seeking representation, but he should see an experienced local real estate lawyer NOW to avoid further issues!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek...
Q: Can a Claim of Interest be filed with the Register of Deeds on real estate without any kind of judgment or legal ruling?
Thomas. R. Morris' answer
I have seen the "claim of interest" abuse with costly results. Your problem sound complicated, and the facts you stated do not permit a simple answer. You should consult with an attorney.
I have seen the "claim of interest" abuse with costly results. Your problem sound complicated, and the facts you stated do not permit a simple answer. You should consult with an attorney.
Q: How can me and husband obtain title to home his mother left to us
1 Answer
| Asked
in
Estate Planning, Foreclosure, Real Estate Law and Tax Law
for
Michigan
on
Answered on Aug 7, 2017
Answered on Aug 7, 2017
Dr Kenneth V Zichi J.D.'s answer
If the deed (not what is on the taxes, but what is on the deed as recorded in the register of deeds office) is in your mother in law's name alone and there is not a beneficiary or co-owner, then you have to go through probate. There is NOTHING stopping you from paying the taxes that are in arrears and you should do that ASAP if the property is worth saving.
If nobody had started things yet, you need to begin now. You technically needed to begin that probate 4 years ago, so don't delay...
If the deed (not what is on the taxes, but what is on the deed as recorded in the register of deeds office) is in your mother in law's name alone and there is not a beneficiary or co-owner, then you have to go through probate. There is NOTHING stopping you from paying the taxes that are in arrears and you should do that ASAP if the property is worth saving.
If nobody had started things yet, you need to begin now. You technically needed to begin that probate 4 years ago, so don't delay...
Q: "How long can you live in a foreclosed home in Michigan if you are not owner,this was a reverse mortage
Dr Kenneth V Zichi J.D.'s answer
Why can't you go to probate to change the title of your Mom's house? The reverse mortgage company may well have a claim against the estate, but that doesn't impact YOUR status as an heir/devisee.
You need to have YOUR OWN attorney review the situation. Don't take legal advice from the mortgage company!
Seek out an experienced local probate attorney to determine what (if anything) you should be doing here. There is no 'one size fits all' answer.
-- This answer is...
Why can't you go to probate to change the title of your Mom's house? The reverse mortgage company may well have a claim against the estate, but that doesn't impact YOUR status as an heir/devisee.
You need to have YOUR OWN attorney review the situation. Don't take legal advice from the mortgage company!
Seek out an experienced local probate attorney to determine what (if anything) you should be doing here. There is no 'one size fits all' answer.
-- This answer is...
Q: Looking for court case in northern Michigan where the time frame was missed, for signatures, party could get out of deal
Dr Kenneth V Zichi J.D.'s answer
Most local court cases are not cited or widely publicized -- only appeals courts and higher. There are multiple cases that stand for the proposition 'if the conditions of a contract are not fulfilled, the contract is voidable' ...
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal...
Most local court cases are not cited or widely publicized -- only appeals courts and higher. There are multiple cases that stand for the proposition 'if the conditions of a contract are not fulfilled, the contract is voidable' ...
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal...
Q: Sign and lock box on property...no sales contract...is this legal??
Dr Kenneth V Zichi J.D.'s answer
That would constitute a trespass if you AND THE TENANT didn't authorize the placement of the items on the property.
It sounds like the agent is using the 'confusion' caused by a tenant occupying the property to her advantage. If you DO hire an agent (ANY agent not just this one), this will quickly be 'resolved' however. Are you SURE you didn't sign anything? Sometimes things get handed to you and you don't necessarily read them carefully? Without a complete examination of the facts it...
That would constitute a trespass if you AND THE TENANT didn't authorize the placement of the items on the property.
It sounds like the agent is using the 'confusion' caused by a tenant occupying the property to her advantage. If you DO hire an agent (ANY agent not just this one), this will quickly be 'resolved' however. Are you SURE you didn't sign anything? Sometimes things get handed to you and you don't necessarily read them carefully? Without a complete examination of the facts it...
Q: Can i file for divorce right now in Michigan if i just returned here after living in Florida for the past 7 months?
Neil Colman's answer
Did you change your address to a Florida address? The law provides that you must be a resident of the State of Michigan for 6 months prior to filing a divorce action and 10 days in the county where the case is filed (either the county where you or he/she lives).
Did you change your address to a Florida address? The law provides that you must be a resident of the State of Michigan for 6 months prior to filing a divorce action and 10 days in the county where the case is filed (either the county where you or he/she lives).
Q: My boyfriend wants to adopt my 5 yr old son
Neil Colman's answer
Once the adoption process begins the court or your attorney will handle the termination of parental rights as is required by law. However, the adoption cannot be accomplished, or the process begun, unless the two of you marry. Then the courts generally want the parties' to be at least 1 year. Some will proceed after 6 months of marriage.
Once the adoption process begins the court or your attorney will handle the termination of parental rights as is required by law. However, the adoption cannot be accomplished, or the process begun, unless the two of you marry. Then the courts generally want the parties' to be at least 1 year. Some will proceed after 6 months of marriage.
Q: wife wants $1,000 a month wants me to put it in writing so that it will help her get a house
Neil Colman's answer
Is there a divorce case pending right now? If so, I strongly suggest that you hire an experienced family law attorney to represent your interests. What she wants does not mean that is what she'll get. Infidelity has no bearing on child support, as child support is based on the number of children, incomes of the parties and how many overnights the children spend with each parent in a calendar year. If there's no case filed, you don't have to pay her a thing unless and until a court orders such...
Is there a divorce case pending right now? If so, I strongly suggest that you hire an experienced family law attorney to represent your interests. What she wants does not mean that is what she'll get. Infidelity has no bearing on child support, as child support is based on the number of children, incomes of the parties and how many overnights the children spend with each parent in a calendar year. If there's no case filed, you don't have to pay her a thing unless and until a court orders such...
Q: If i file for legal seperation can i ask in a judgement to seek professional help to reconciliation
Neil Colman's answer
No, The court cannot order parties to seek marriage counselling to save a marriage. A Complaint for Separate Maintenance requires the same filing of documents as in a divorce case, with the only difference being that you are not divorced. All property is divided, debt is apportioned, child support is set and the issue of spousal support is within the court's discretion. But a final Judgment of Separate Maintenance must be entered which does everything a divorce judgment would provide for, but...
No, The court cannot order parties to seek marriage counselling to save a marriage. A Complaint for Separate Maintenance requires the same filing of documents as in a divorce case, with the only difference being that you are not divorced. All property is divided, debt is apportioned, child support is set and the issue of spousal support is within the court's discretion. But a final Judgment of Separate Maintenance must be entered which does everything a divorce judgment would provide for, but...
Q: my parent reverse mortage died no will, i live in the home dont have funds for probate the lender wants to foreclose
Dr Kenneth V Zichi J.D.'s answer
That depends on how much equity the home has left after the loan(s). Six - 12 months is common, but as to what the specific is we'd need to see the documentation.
Seek local legal help as there are options if the sheriff's sale has not yet happened. Don't just play the victim, and see if there isn't something you can do to change the situation!
--This answer is provided for informational purposes only and does not create an attorney-client relationship. If you have questions or...
That depends on how much equity the home has left after the loan(s). Six - 12 months is common, but as to what the specific is we'd need to see the documentation.
Seek local legal help as there are options if the sheriff's sale has not yet happened. Don't just play the victim, and see if there isn't something you can do to change the situation!
--This answer is provided for informational purposes only and does not create an attorney-client relationship. If you have questions or...
Q: How long can you live in a foreclosed home in Michigan if you are not the owner
Dr Kenneth V Zichi J.D.'s answer
I assume you have a lease?
If so, you can stay until you are evicted. There is MUCH more to this than just that though, for example, to whom do you pay rent, etc.
I'd urge you to consult with a landlord-tenant lawyer in your area to figure out how to best 'land on your feet' because under most circumstances, you ARE going to get evicted/the lease will end and not be renewed at some point, and it makes sense to prepare for that before the time comes!
--This answer is...
I assume you have a lease?
If so, you can stay until you are evicted. There is MUCH more to this than just that though, for example, to whom do you pay rent, etc.
I'd urge you to consult with a landlord-tenant lawyer in your area to figure out how to best 'land on your feet' because under most circumstances, you ARE going to get evicted/the lease will end and not be renewed at some point, and it makes sense to prepare for that before the time comes!
--This answer is...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
