Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well.... View More

Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More

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answered on Mar 7, 2025

The Will devise is your source of title. When you are able to sell it during the Probate process, then your Deed will have the devise to you as the derivation of title in the legal description. It should specifically cite the will book, page number and docket number of the Court where it was... View More

You don't 'update' the deed. You probate the will and it looks like you will also need to probate his wife's estate as well. I strongly urge you to consult with a local (to the county where they lived) licensed probate attorney to walk through what steps may be necessary.... View More

You will need to provide the probate attorney with a copy of the deed. If the language on the deed is drafted properly, then the property interest may not need to be probated. Deeds contain language that has far-reaching consequences, so that is where most attorneys would start, by reviewing the... View More

Your attorney will need to review the easement rights of the utility company further. The easement language will control. If this pole was placed there without permission and it is on your property, then you may have to file an action with the court to have it removed.

We would need to see the earlier court decision to determine if the homeowners are in violation of the court order. If so, then, if the settlement agreement allows for the court to reopen the matter, an attorney would be able to go back to the earlier court to review the settlement and ask the... View More

Once the loan has been made and the mortgage granted, "qualification" for the loan is not an issue, provided that the loan is a standard residential mortgage. Some commercial loans, in contrast, have financial covenants that are an ongoing obligation on the part of the business to... View More

If the couple is jointly on the mortgage, the surviving spouse should continue making the payments under the mortgage agreement. Nothing should change based upon the fact pattern as presented. However, if household income has decreased since the death of a spouse, consider a mortgage modification... View More

Who is 'responsible'?

That depends. Is the accounting accurate and did you receive the money refunded?

Then YOU as the property owner are ultimately 'responsible' to pay the taxes.

Unless the company misapplied the funds or didn't actually refund... View More

If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.

The criminal matter should be referred to the police. You could sue him based upon the threats of arson... View More

OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?

I concur to the extent there are threats of criminal activity, you need to contact the... View More

I'm sorry to hear of the loss of your son, and the mess that this is creating. HOWEVER, without seeing the deed it is impossible to know. This all depends on HOW your son was 'put on the deed'. Was it 'joint owners with full rights of survivorship'? Joint Tenants? Tenants... View More

As Mr. Zichi mentions, this scenario is the reason people should not DIY deeds or estate planning documents, because what is meant to happen is all too often lost in translation.

An attorney needs to ascertain from the deed language whether your son is a joint tenant with rights or... View More

Michigan law requires disclosure of all 'relevant' information, and indeed, the 'sellers disclosure statement' talks about water tests for private wells and septic systems and requires disclosure. If you report 'no tests' then the buyer can (and should and if they are... View More

Under Michigan law, a will does not have to be notarized. See MCL 700.2502 for the requirements. It is reprinted below. Having a valid will is the first requirement. You will also need to have the will probated.

700.2502 Execution; witnessed wills; holographic wills.

Sec. 2502.... View More

Generally speaking, a decedent's will needs to be witnessed by 2 witnesses or have a notary witness the signature. However, if the document was in their own handwriting, signed and then dated, it may be admissable as a will. It still can be challenged for a variety of reasons, such as... View More

The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More

This is a contract issue as this relates to a "trailer" and therefore does not come under real estate law. A trailer is not real property and you do not specifiy if the property on which the trailer sits, is yours. Therefore a 'partition action" may not the proper legal... View More

What does your purchase agreement state? If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for 'altering' the premises. However, without seeing your written documents, it is difficult to answer.... View More