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James P. Frederick

James Frederick’s Answers

13,769 total


  • Can I give someone equity in our house for signing a quit claim? Like I give her x amount when the house is sold?

    That's it

    James’s Answer

    I agree with Mr. Sowell. Trying to guess at what might be happening, someone could be loaning you money in exchange for part value in your home? If that is the case, there are better ways to accomplish that, than through a quit claim deed. You may want to consider a lien on the property, as opposed to adding someone to the title of your home. That way, the ownership interest is clear and the lien holder simply is entitled to cash when/if the property is sold.

    Since the answer to all legal questions is highly dependent on the facts of each case, you should not agree to do anything until speaking with your lawyer as to the best way to proceed. You could end up creating far more complexity and expense than is necessary.

    James Frederick

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  • What Are My Options In Probate Court??

    In fall 2011 I was removed from my home I shared with my now deceased partner in Beverly Hills Michigan, by his family members and local police the day after thanksgiving. Because our lives had been intertwined I was not allowed to get all my prop...

    James’s Answer

    In addition to what my colleagues have said, it sounds like your claims are for damage to personal property. You may also be able to make claims for conversion, which could entitle you to treble damages. Your problem is that a lot of time has passed and depending on facts which you have not included, the statute of limitations may have run. You have apparently proceeded thus far without legal counsel. Depending on the value of the items in question, that may have been a wise decision. On the other hand, it sounds like you have had nothing but frustration, thus far. Depending on the value of the items in question and the assets in the estate, it may be time for you to involve legal counsel.

    James Frederick

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  • My mother is in a nursing home has a guardian over financial affairs can she sign a ladybird deed on her house leaving it to me

    she is on medicare. Will this stop the house from being sold after her death? Can this be done without the public guardian? The house is completely paid off. We live in Michigan

    James’s Answer

    Yours is a complex situation and you need an attorney. If your mother has a court-appointed conservator, he or she would be the person to sign a deed. It is very unlikely that he or she would be willing to do this, absent direction from the court. Whether a court would do that is questionable.

    If your mother is on MediCAID, then the time for getting the deed has likely passed. If you were to try to do so, now, the State could challenge this on the basis of a fraudulent conveyance. You need expert legal advice before you proceed, at this point.

    James Frederick

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  • Does a quit claim deed go into effect the date it's signed, or on the date it's filed with the ROD? It was signed in July 2012.

    Dad has Alzheimer's, and is on a waiting list for an assisted living home. He owns his home and the house and property where he was raised. He signed the QC deeds, listing me and my sisters as grantees, in July of 2012. They haven't been filed w...

    James’s Answer

    You are in a gray area. The deed is effective when signed, but the State may have an argument that since it was not recorded, it was not "delivered" during lifetime. Depending on how the deed was set up, you may be better off recording it, now, to avoid that argument. I would have it reviewed by an estate planning attorney, before you do so, however.

    James Frederick

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  • If a sibling has their name on our mom's house, property and bank accounts and there is no will, is the sibling entitled to all

    My 85 year old mother passed away in April and my father 22 years prior. My 55 year old sister resided with my mother and father her entire life. Another sibling and myself both married and both have children. The last three years "Mom" had been s...

    James’s Answer

    I agree with my colleagues, but there really are not enough facts included to answer your questions. The first question is how the assets are titled and the next issue is how it got to be that way. If the transfers and/or beneficiary designations were made by your mother while she had capacity to do so and there was no undue influence by your sister, then you have a VERY difficult case. If the changes were made by your sister, while acting for your mother under a durable power of attorney form, then you have a very good chance of setting them aside. If the changes were made under any other circumstances, it depends on the facts.

    In any situation, the best way to determine where you stand is to meet with a probate attorney and share all of the facts.

    James Frederick

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  • Does the person Does the person that we are subletting a room from kick me out without no notice?

    I have a lease with the dept of Dhs and he making us leave wensday the first and I have children. What are my rights?

    James’s Answer

    You are entitled to at least 7 days notice and more likely 30 days notice. If he does not give you adequate notice, then he could be liable for damages. You have 30 days, at the most, however, which goes by very quickly. You should start looking for another place to live.

    James Frederick

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  • I live in MI , My fiancee now in AZ. He called off the engagement .Do I have to return the ring ?

    He originally lived inMI but now lives in AZ. . It was my intent to follow him within two years . However lack of employment and absence made the heart grow distance . he has chosen to call off the engagement . I am willing to continue to work tow...

    James’s Answer

    I agree with Mr. Kronzek. The ring is a conditional gift, under Michigan law, conditioned on the marriage taking place.

    James Frederick

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  • I walked away from home purchase. Who is legally justified in getting earnest deposit?

    Long story short.... I made an offer, it was countered, I accepted. After the inspection, I wanted an issue fixed, they countered by giving us more concessions, I accepted. Now the issues... The appraisial came in low. My agent reached o...

    James’s Answer

    Your answer depends on what it says in the contract that you signed. Most of the time, the documents provide a contingency based on the property appraising for the value required to obtain financing. It sounds like that has not occurred in your case. If your agreement has such language, you would be free to walk away. If it is not clear what the contract says, you should review it with an attorney.

    James Frederick

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  • Hello I leased an apartment for 1 year I ce home today and had a letter one door starring my lease is up at the end of July

    And it's not up till September and they won't tell me why is this legal

    James’s Answer

    It sounds like they either made a mistake or perhaps your lease calls for you to give them three months notice if you intend to stay for another term.

    I would contact the landlord to determine what is going on.

    James Frederick

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  • What is the role of a Guardian Ad Litem?

    What is the role of the Gaurdian Ad Litem? What are they required to do?My children were taken from me and placed into the care of my mother. Was the Guardian Ad Litem supposed to attend a visitation at my mother's home and watch how I interacted ...

    James’s Answer

    A GAL is the "eyes and ears" of the court. The GAL investigates the circumstances and makes a report and recommendation(s) to the judge. The GAL often interviews the interested persons and is required to do so, in some cases. If you believe that your rights were not protected in the prior proceeding, the best thing you can do is visit with a probate attorney to determine how best to proceed from here. You need to keep in mind that the GAL's primary focus is on the minor and in almost every case they are involved in, the situation is contested. They are very used to dealing with "he said/she said" cases and it is not always possible to determine the truth, when the party's stories are wildly conflicting. It IS possible to overcome a negative GAL report, but it is not easy to do so. That is where having a good attorney can make a difference.

    James Frederick

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