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Kenneth V Zichi

Kenneth V Zichi

Kenneth V . Zichi J.D.
  • Elder Law, Estate Planning, Family Law...
  • Michigan
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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.
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University of Michigan - Ann Arbor
A.B. | History / Communications
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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
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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.
Websites & Blogs
Website
Website
Website
Avvo.com
Legal Answers
697 Questions Answered

Q. When exactly does a revocable living trust commence? Is it when the grantor passes or when the distribution is made?
A: It would 'commence' when the first item of property was transferred into the trust. The bottom line is that this is a pretty unusual wording and without seeing the WHOLE document, I'm not confident that my statement above is the 'final word' in interpreting the document. I'd strongly urge you to bring all the documents to a local estate planning / probate attorney to review and provide some real advice. This situation SCREAMS why trusts designed to 'avoid probate' often backfire, because if this is not resolved, you're going to end up in probate court to get a judge's ruling on what should be done anyway. And it will be MORE expensive than probate would have been in the first place in most cases. Seek local legal help ASAP. -- 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 executor of the estate gifts an item from the body to another person is this legal
A: Was it given by the deceased during her lifetime? Or was it taken off the body at the time of closing the casket? If the former, it was a gift and if completed before death, the item is not part of the estate. If the later, things are much more murky. HOWEVER, that is mostly beside the point. A more pertinent questions is "what is the value of the ring?" Even in the 'worst case' scenario, nobody needs to take a family memento/ring from an 8 year old here! The value of the ring may need to be divided by 4 and each then simply receives a share of the value from the remaining estate assets, and the ring stays with the grand-daughter! It sounds like an attorney could help drill down to get past some of these sorts of issues, and all four siblings need to have a bit of a 'sit down' to review what mom wanted, and how they will move forward as a family. Don't let something as inconsequential as 'stuff' get between family! -- 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. Paperwork for home purchased 2009 showed 8 achers actually 5 went with the house. They want land back what should we do?
A: Did you get title insurance when you bought? What does the DEED say about what land you own? What type of deed did you receive (warranty or Quit Claim)? Did a Real Estate ATTORNEY represent you at the closing or did you do this without professional help? ALL of these things matter and each will impact your recourse. Ideally, if you have title insurance and the land the seller described on the deed is different than what they COULD sell you, the title insurance company will be on the hook to make things (financially) right for you. Seek a local real estate attorney to help now! Before you sign anything.
Q. My father lives in Oh and I live in MI. I'm his oldest child. Am I his next of kin? He has no wife.
A: ALL of his children are (equally) his 'next of kin' if he is unmarried and has children. Other relatives may ALSO have some interest. What is the question you are really asking? -- 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 landlord deduct carpet cleaning fees from security deposit
A: "Normal" wear and tear is not something that can be taken from a security deposit. If you vacuum and keep the carpet presentable, that is enough. This is OFTEN an issue, and the problem is that for the kind of money you're talking about people rarely sue, or bring the issue to court. Just remember that Michigan law allows you to sue for TWICE the improperly withheld security deposit so long as YOU do everything required (4 day notice of forwarding address is the one most people forget about!) so it makes sense to consult with a local attorney to be sure you do this right. -- 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. Signed Purchase Agreement on a new house "contingent on the removal of the original offer..."
A: The parties in an offer to purchase can agree to whatever terms don't violate the law. If the offer were contingent on a DNA test showing the purchaser was not of mixed race heritage, for example, that would not be legal. Making it contingent on a previous offer being withdrawn is perfectly OK. The offer needs to be WITHDRAWN under that language, however, and simply failing to close is not enough. There is also no legal 'right' to actually SEE the previous offer, but you can certainly request that as a contingency to accepting the counter offer! What is clear, however, is that you need to have an attorney helping you with this process! It sounds like there are lots of complications causing you concern, and the best way to address those is to insure you have legal guidance on your side ... a real estate agent isn't 'enough' =-= you need real legal advice. Seek local legal help ASAP. -- 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 was given my home in MI when my mother passed away. It is in my name. Do i pay cap gains when I sell it. Im a FL res.
A: The answer is 'probably yes'. Trusts are a 'one size fits all' solution to avoid probate that like all 'one size fits all' items rarely fit just right for any one situation. You need to take the documents, including what the tax basis of the property was going INTO the trust to a local attorney to review. MOST trusts simply take the basis of the original owner and you will pay capital gains on the increase in that basis. SOME work differently. If you had INHERITED the property, your basis would be the cash value at the date of death, and probably would owe little if any capital gains. SOME trusts ALSO work this way -- IF the property is transferred out of the trust properly. Again, if you already did this as a DIY project you may have hurt yourself. BOTTOM LINE: Seek the help of a local real estate attorney to review the WHOLE situation and provide you guidance on how to best avoid issues. It may be 'too late' but there also may be things you can do to help 'fix' the problem! -- 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. Retrieving property from deceased home
A: Do you have a list of the property and serial numbers/identification information etc? You need that first. If not, you are probably out of luck no matter how you shake this down. PARTICULARLY for stuff that doesn't have a title or traceable ownership info, this is going to be difficult at best. You really can't do much without proof that the stuff was owned by you. Is the property really stolen? Has a police report been filed? If not -- file one and make sure the police know you are filing this 'on information provided by others' so when the property turns up not stolen they don't go after you for filing a false report. -- 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. How do I remove a tenant of my deceased father's estate who is also 1 of 3 heirs and personal rep of the estate?
A: What does the will say about the disposition of the house? Is it supposed to be sold under the terms of the will? Has the nominated PR been appointed by the local Probate Court? Has there even been a petition/application for probate? You need to consult with a probate attorney in the county where your father lived at the time of his passing. If there is probate underway, you can petition the court for liquidating the asset if that isn't done appropriately, and if Probate has NOT been started yet, you can petition the court to begin that process and ask that the nominated PR NOT be given authority because they haven't done what is needed yet. Seek local legal help as this is NOT a DIY project! The technicalities are important! -- 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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1360 W. Grand River Ave
Howell, MI 48843
USA
Telephone: (810) 299-5222
Cell: (517) 258-8020