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Benjamin Hirsch’s Answers

211 total


  • Under Michigan law how can I invade the trust? What are the laws and discretions under the law does a Judge have to invade?

    My wife has a trust inherited to her from her deceased father. The trustee never divulged how much the trust was, and never would distribute or divulge how much the trust was. She got another attorney as new trustee with a new trust agreement of t...

    Benjamin’s Answer

    Trusts are generally set up so they don't need to go through probate,but when there's a situation like this, where there seems to be some mafeasance on the part of the trustee, you can file a petition to have the court look at it. By going through the court, the trustee is forcedto divulge the terms of the trust, and in the situation you described, I suspect you're going to need to have a judge's order to make the trustee comply with the terms of the trust.

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  • House infested with Bed Bugs.

    If you was buying a house on a Land Contract it should be the sellers job to tell you everything about the house & if it needs anything. The house we are or was buying is seriously Infested with bed bugs that has been here for almost 4 years now b...

    Benjamin’s Answer

    Generally speaking, when you're selling a house you're required to give a disclosure statement to the person you're selling to, especially if they're getting a mortgage. If you sell the property and don't let the new owners know there's a defect, that could be cause for rescission of the contract and they might bring you to court to have the money returned and the contract rescinded (cancelled). In your case, because it appears that you are not the owner of the house, you would have no obligation to anyone the owner sells the house to, that would be the owner's obligation.

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  • Concerning a trust. If my mom has power of attorney written within a document why then would a lawyer put in short-power-of-atto

    If my mom has power of attorney written within a document in the trust why then would a lawyer put in short-power-of-attorney so they could have 2 doctors declare the women who owns the trust as incompetent (she has Parkinsons, and they tried to c...

    Benjamin’s Answer

    It sounds like you have some fairly serious concerns over your mom's estate. Generally speaking, what's in the trust document itself will not be power of attorney over those assets that are not titled in the trusts name. Lawyers will generally do a power of attorney to cover those assets. Also, we do have two doctors say she has to be incompetent if it's a durable power of attorney effective only on disability, that way your mom will be in control of her assets unless she is mentally disabled. I think you're probably misunderstanding the documents, but keep in mind they are your mother's estate plan documents and if she's competent, like you say, she can do whatever she wants.

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  • How do I start a non profit program? What are the first few steps in creating one?

    I want to start a non profit program. I am just starting out and not sure where to go. I want to know what documents I need to fill out to get started. Please list them in order and where I can find them and send them to.

    Benjamin’s Answer

    There are a number of different types of non profit programs, i.e. foundations, corporations, trusts, etc. The steps you take will depend on what you want to do, who you want to assist, how you want to assist them.

    You're going to want to clearly define your goals and how you want to structure your organization, and then I would suggest contacting an attorney to assist you in setting it up.

    Good luck.

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  • I'm divorced.I re-financed my house to get her name off.Her name is not on the deed.Does she still own 1/2 the house?

    Does she have to sign a quit claim deed so I will be 100% owner of house?

    Benjamin’s Answer

    Having her sign a quitclaim deed is a good idea. She transfers whatever rights she may have in the property to you.

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  • What do I need to do to ensure I am covered under the Michigan Right to farm act?

    We live in a small subdevelopment area with 4 houses each having 2.5 acres. We would like to be proactive not reactive in ensuring we will be covered under the right to farm act. Is there anything special we have to do to ensure this? Filing a bus...

    Benjamin’s Answer

    Below is the link to the information provided by Michigan regarding the Right to Farm Act. Hope this helps.

    http://www.michigan.gov/mdard/0,4610,7-125-1599_1605---,00.html

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  • Can the complex charge me for smoking on my patio? when the letter I got from them says that staff was smoking on my patio too?

    Their letter says".You were discovered smoking on your patio by members of our staff smoking on your patio"

    Benjamin’s Answer

    Assuming this is an apartment complex, check the terms of your lease. Frankly it doesn't matter if other people were smoking on your patio too the issue is whether you were smoking and said smoking violates the terms of your lease.

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  • If some one owns the house and her son is on thee deed to fix up the house and he turned around and wrote a contract

    And wrote it out to the people tp pay rent and he does not own the house can he kick people out even if the person who owns the house said they dont have to leave

    Benjamin’s Answer

    Your question is a little confusing. Assuming you mean the parent is the sole person on the deed, and there's no contract, power of attorney, conservatorship or trust that names the son as fiduciary, then I would say no, the son would not have the right to make anyone leave.

    That being said, if the son is on the deed, if he is named as conservator, if he has power of attorney, if he is the trustee of the parent's trust, or if there is some other contract, then yes.

    The thing is though, if the son's name is on the deed, then he owns the property as well. The deed is proof of ownership.

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  • Visitation Rights have been Banned: By Property Owner and My Grandparents Reside there and want me to visit.

    I have been asked to be removed from the Property for no apparent reason but due to my criminal history/ record, if i stepped back onto the property i will be arrested by the local township police. Bary Count DA Tom Evans has Allowed The Property ...

    Benjamin’s Answer

    Without knowing the details it's difficult to answer your question. Do your Grandparents rent the property? Are they there as guests? What is their status?

    What specifically was the reason they gave you for not allowing you on the property?

    The possessor of the property has the right to determine who goes on the property, failure to abide that choice amounts to trespass.

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  • Obtaining a deed.

    Purchased a property on land contract and paid it off 3 years ago. I have been trying to obtain a deed through the title company and the seller and cannot get it.

    Benjamin’s Answer

    The seller can always write a new deed to you, if worse comes to worse. But if the seller executed the deed at the time of signing the land contract, the title company should have no issues with giving you the deed. You may want to have an attorney write a letter to the title company. Often times that will take care of the problem.

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