Kenneth V. Zichi's Answers

How can go about getting custody of my siblings? I was physically, emotionally, verbally, and mentally abused as a child/teen

There are three ways to address this issue: 1) The parents could sign 'powers of attorney' allowing you to care for the children. This would require their consent, and it sounds like that won't happen. 2) Protective Services could file to terminate parental rights because of abuse/neglect, and you could volunteer as a relative to take placement. It sounds like they have determined the basis for abuse/neglect do not meet the criteria CPS has in your case, or they would have filed the case...

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Can dating before filing for divorce effect my divorce?

Yes, and you won't like the answer. Imagine if you will, your soon to be ex-husband taking up with another woman of questionable morals and judgment (she is after all dating a married man!) while he's still married to you, and then him introducing the floozie to your kids. Would you think this is OK? How do you think a Court will react to that if there is a custody battle? Take a deep breath, think about your kids best interest and put your OWN interests and desires on hold for a couple...

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What are the procedures for chaning a beneficiary on my estate planning documents, trust, living will, etc.

I strongly advise you consult with a qualified local estate planning attorney. You are obviously unclear about what documents affect what (living wills, for example, don't affect property) and you need to insure that there won't be challenges after the fact. If you want to provide more for one child than the others, you should see a professional WITHOUT the children present so there won't be any issues of duress or undue influence, and have the changes made to the will and/or trust...

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Can I retrieve personal property in deceased Mother's home?

I'm sorry to hear of you loss. If you can prove ownership of the mower, it is yours and not part of the Estate. It almost sounds as if your brother is questioning whether or not the mower is really yours. You should ask him how a mower you loaned to your mother became a part of her estate as it was never hers to begin with? His response will tell you where to go next. Finally, if your mother died in January, her executor/personal representative should have long ago completed an...

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Is it legal to have durable power of attorney changed when principal was later diagnozed with alzhiemers in later stage two?

This certainly sounds suspicious, but without hearing all the facts it is impossible to give an appropriate opinion. If you have an attorney representing you in Court you should IMMEDIATELY discuss this with him/her and insure that he/she knows all the facts so you can get a valid opinion about what should be done. If you don't have an attorney, you need to hire on yesterday to insure this doesn't get even more complicated than it is!

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Is it always necessary to go through probate if a will was left?

The short answer to your question is that yes, if there is property to be distributed under the terms of a will, the ONLY way to do that is through Probate. There are ways to avoid Probate, but they come with their own costs and benefits. Please also appreciate that Probate in Michigan need not be time consuming or horribly expensive. MANY 'one trick ponies' try to push everyone into trusts and especially for modest estates, Trusts can actually cost more than probate alone (because often...

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Real estate question

Neither title companies nor accountants are licensed to give legal advice. There is nothing "illegal" about a 0 percent interest contract, however there ARE tax consequences to both you and the seller that you need to be aware of, and there are technical requirements of land contracts that if they are not complied with can jeopardize your rights to the property once it is fully paid for. There are also documents other than just a land contract that should have been prepared at the time of...

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How does alimony work, and what is my wife entitled to in a divorce?

There is no one 'right' answer here -- it will depend on the length of the marriage, the disparity of incomes, the number of children both now and during the term of the marriage, as well as intangible items such as the health of the parties. The situation you present here implies an award of permanent alimony, which would normally imply payment of alimony until retirement when the pension would cut in with payments to her and you under a QDRO. Property division of not only the tangible...

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Step Father died, no will, do I need to go through probate to transfer title of his car to me? Car is paid for.

If the combined value of all of the decedent's motor vehicles does not exceed $60,000 and there are no probate proceedings for the decedent's estate, registration of title may be transferred by the Michigan Secretary of State to the surviving spouse or next of kin upon submitting a death certificate, an affidavit of kinship, the vehicle's certificate of title, and certain other Michigan Secretary of State documents. I've included a link to the affidavit form below, but if you have questions...

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My sister and I lost our father we have been living in his home can his judgment creditors begin probate before family?

I'm sorry to hear of your loss .... You will need to provide complete information to a Texas attorney to get real legal advice, however, in most States, yes, creditors CAN begin probate if the heirs/family members do not do so within a specific time period. Homestead property is like any other non-liquid asset in most states' Probate laws (and I believe in Texas as well, but again, talk to a local attorney who can look at all your documents!) in that if there are not liquid assets...

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