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Kenneth V Zichi
Kenneth V . Zichi J.D.Badges
Claimed Lawyer ProfileQ&A
Summary
Helping Livingston County residents navigate the legal system for 30 years. I focus on Wills, Trusts, Estate Planning and Probate, with a significant portion of my practice also concerning Real Estate and general civil litigation. If you have questions or issues with your home, a cabin up north, or want to insure your family is cared for after you are gone, I'd be happy to meet with you, perhaps bust some myths, and certainly insure YOUR and your family's needs are met. Call for an appointment today!
Practice Areas
- Elder Law
- Estate Planning
- Family Law
- Insurance Claims
- Landlord Tenant
- Real Estate Law
- Divorce
Fees
- Free Consultation
Telephone or office conferences, 20 minutes or less. Longer conferences may incur a minimal fee. - Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- Michigan
Languages
- English: Spoken, Written
Professional Experience
- Owner
- Kenneth V . Zichi J.D.
- - Current
- Mayor
- City of Williamston (Michigan)
- -
Education
- University of Michigan - Ann Arbor
- J.D.
- -
- University of Michigan - Ann Arbor
- A.B. | History / Communications
- -
- Honors: LS&A Honors College 1977-1979
Professional Associations
- State Bar of Michigan
- Member
- - Current
- estate and probate section Michigan bar
- member
- - Current
- Law and Media committee - State Bar of Michigan
- member
- -
Speaking Engagements
- Newsroom Seminar, WNEM TV/AM - Saginaw MI
- State Bar of Michigan - Law & Media committee
- An hour-long seminar addressing some of the common practical and substantive difficulties journalists encounter in covering the legal system in Michigan.
Legal Answers
721 Questions Answered
- Q. The tenant was served a "Demand for Possession nonpayment of rent" via certified mail on 09-14-2018. What is next?
- A: IF you sent them the correct form (it does not need to be sent certified mail by the way) and IF your lease allows for it, and IF they have not voluntarily moved out, then your next step is to file for eviction / damages. The BEST way to do this is with the help of a local lawyer. It can take anywhere from a month to much longer if you don't do things right, or if there are complications along the way. THAT is why a local lawyer is advised! -- 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 advice
- Q. Leasing office aware of wasp infestation & that tenant is allergic, been over a month. Next step?
- A: First of all, see the end of this answer! 1) DO EVERYTHING IN WRITING. You saying 'they were aware' is too easily countered by 'no we weren't'. I sent these 4 emails that they responded to and these two postal letters is far harder to deny. 2) Have you asked for specific relief? E.g. "I have wasps. Please send an exterminator" If you haven't asked for anything specific, you have no reason to complain. 3) If they have either refused or neglected to fix it you have two options: Fix it yourself (and ask for compensation for the expense) or announce they have broken the lease provision for x (if nothing else, they have failed to provide a habitable dwelling) and you will be moving out since they broke the lease. And then move out. BEFORE YOU DO ANY OF THIS however, it would make sense for you to consult with a local landlord/tenant attorney. There are tricks that your local court will be looking for if you end up getting sued, and if you haven't followed through properly with what THAT judge expects to see, you may be in trouble. Don't try to do this alone. Get local help! -- 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 advice
- Q. When the buyer makes the final payment on the home, do I just sign the deed/title over to him?
- A: The process is not always the same, and depends much on what is being done. Is this the final payment on a land contract? A deed and property transfer affidavit are probably all that is needed. Was it a mortgage? Then you're talking something different. Some other sort of purchase agreement? What does it call for? Without seeing the actual documentation and hearing the full history it is impossible to say for sure, but yes, deeds need to be notarized and they ALSO need to be drafted properly to both protect you and your buyer. I'd urge you to hire an actual licensed attorney to help. Don't go to a real estate agent or title company -- hire an attorney. -- 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 advice
- Q. Neighbor wants trees cut down on lot next to them
- A: I assume (hope!) you have insurance to cover liability if something bad does happen. That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages. In THIS case, the fact that this discussion has happened may make your insurance company deny a claim if the tree falls and causes harm (you KNEW there was a risk and refused to fix it) but it certainly can't lead to a lawsuit ("I am afraid the tree might fall and hurt me") unless the tree actually DOES fall AND damages something. There is a LOT going on here to unpack to provide actual legal advice however, so it would make some sense to talk with a real estate attorney in the area to know for sure what to expect. I'm not sure why, for example, the neighbor's permission is needed to get access to the property. Is there no other access/easement? What value is the land if it can't be accessed? In short, WAY too much going on here to get advice on the 'internet' .... If you are really concerned at this point, it is worth the time and effort to get real legal advice! -- 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 advice
- Q. My building was broken into now tenant wants to move and is demanding security deposit back now what are my rights
- A: Hard to say for sure without seeing ALL the facts, but the mere fact that a third party broke the law doesn't mean you can avoid a contract. Did YOU do something to encourage the break-in? Did you NEGLECT something basic that caused the problem? Did you KNOW of the risk and INTENTIONALLY do nothing to abate it? MAYBE the tenant has something to stand on. Is this a 'month to month' tenancy and they are simply ending the lease? Then the most certainly WILL have the right to move out and get the return of their security deposit consistent with the situation. If NONE of that applied, it is unlikely that they can move out without incurring some financial penalty consistent with your lease agreement. Without knowing all the facts, it is impossible to say for sure what YOUR situation will be. I'd urge you to consult with a local attorney to review your specific situation and ALL the facts, and provide you real advice. -- 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 advice
- Q. Can a management company change the amount due on your rental by raising the pet fee mid lease?
- A: If the lease says there are no changes allowed except in writing agreed to by both parties, then you're pretty much covered. If it says this and then says 'but we can unilaterally make changes to x' the two parts of the lease are inconsistent. Without seeing the WHOLE lease and the rules etc that were agreed to upon entering into the contract it is impossible to say for sure what the 'correct' ruling would be, and regardless, if the parties don't agree, it will ultimately be up to a court to decide. You appear to need a legal opinion and the only way to get that is to hire an attorney, and understand what your options and chances are in your specific situation. I'd strongly recommend consulting with a local landlord / tenant attorney to review the documentation and provide you real advice! -- 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 advice
- Q. Can a devisee be removed from the Will due to a physical altercation with an heir and vandalizing the home?
- A: The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to insure that happens is to consult with a local estate / probate attorney to be sure you, as Personal Representative, have legal representation, follow the rules, and don't get yourself into a bigger pickle by trying to do something that isn't proper. Honest, don't try to be penny wise and pound foolish here -- a good attorney can save you money and make things go a lot smoother. If you don't already have one, please get an attorney to help you probate the estate. If you do, please do YOURSELF a favor and discuss this with your attorney! -- 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 advice
- Q. Can a life estate be revoked once a lien is placed on the property?
- A: What sort of 'life estate' are we talking about? A 'ladybird deed' or a traditional 'life estate'? You need to take that deed to the lawyer who created it (Your parents DID use a lawyer right?) and ask the specific questions to see if there are 'fixes' that can be made. IDEALLY if this were a ladybird deed rather than a 'life estate' deed things can be done that will protect the property. If they tried to do this themselves and picked the wrong form, all bets are off. Again, bottom line -- seek local legal help! -- 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 advice
- Q. I am the healthcare POA for my married sister, the paperwork is completed and signed by a witness. Legally, can the
- A: When was the paperwork signed? Before or after marriage? Signed by ONE witness? TWO? Notarized? The form matters and so does how it was signed. If your sister didn't do this with an attorney you're playing with fire trying to rely on this! If she DID use an attorney, that attorney can perhaps best answer these questions. That said .... MUCH of this will depend on what your sister's doctors know or don't know as it is 'common' for the spouse to be consulted if the patient cannot make decisions. Your SISTER should make sure your doctors know her wishes before there is a problem to insure best results. If that is now too late, YOU can bring the paperwork but there might STILL be an issue if the date of marriage is AFTER the date of the Medical PoA. Bottom line: your SISTER needs to consult with a local estate planning attorney to insure her wishes are fulfilled. -- 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 advice
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