To create a joint tenancy the parties must hold an undivided right to possession and have equal ownership interests. Joint tenants must acquire their interest at the same time and they must acquire their interest by the same instrument of conveyance (deed). Our real estate law is rooted in... View More

Some of this depends on what the deed to your wife says. If it's a generalized quit claim or warranty deed giving your wife full property rights, then she can now deed it to herself and you as joint tenants by the entireties.

The difference between tenants by the entirety and tenants... View More

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... View More

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... View More

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... View More

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answered on Mar 15, 2023

Have you contacted the landlord about these conditions, and assuming so, what does he say? Nobody here can say for sure without seeing your lease, but very often, with commercial leases, the tenant is responsible for some of the things you're complaining about. You should speak with the... View More

I absolutely agree with Mr Harris.

And NEITHER complex estate settlement (as the mere existence of a Trust implies) nor tax issues are fertile "DIY" ground.

If there is a car and nothing else or some SIMPLE probate, maybe, but even then, failing to publish appropriately... View More

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... View More

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... View More

It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... View More

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... View More

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.... View More

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... View More

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... View More

Let me rephrase your question slightly and see if you don't spot the 'common thread' here and what you need to do to 'stop the cycle':

1) I bought land without having an attorney review the transaction.

2) I had a real estate agent who is NOT an attorney... View More

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,... View More

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... View More

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... View More

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... View More

Do you have COPIES of the documents you delivered returning the keys and providing your forwarding address?

Without copies, you didn't send them (the landlord WILL claim this!)

Your best bet at this point is to hire an attorney to fight this or just pay (a probably smaller... View More