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Dr Kenneth V Zichi J.D.

Dr Kenneth V Zichi J.D.

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
333 Questions Answered

Q. I need my residence transferred out of out-of-date living trust into my name. How do I do that? Cannot afford atty.
A: If you do this incorrectly, it will backfire and end up costing more time and money than doing it right the first time. You cannot afford to NOT have an attorney. Seek competent local help from a real estate / estate planning attorney to insure this is done right. Don't try to do this yourself, as in MOST cases it CAN be done, but you have to do it correctly! -- 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 police release Deceased family member (3 hours after death) to a non family member (ex-wife)no will not probated
A: If the vehicle was titled ONLY in the name of the deceased person, then you should file a stolen vehicle report with the police. If you know where the vehicle is located, you can request that they recover it and return it to storage, but remember the cost involved in police storage will ultimately be paid by the estate, so be careful you are IMMEDIATELY in a place to be able to remove the car from storage to minimize the costs. You can then sue the police department and/or the ex for filing a false report and taking the vehicle inappropriately, and/or take other steps to recover the cost if appropriate and available. Bottom line -- you need to file for probate NOW to be in a position to do what you need to do when the time comes. Hire a local attorney to being the process ASAP -- there are a lot of moving pieces here and any one can cause issues with all the others! Without a FULL examination of the facts of this case it is impossible to tell you even what should be done first other than to say 'the first step is to get to an experienced local probate attorney YESTERDAY to insure things get moving quickly! -- 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 estate retain beneficiary's cash behest to pay for the $40k legal fees he incurred on a dismissed frivolous lawsuit?
A: Did you ask for attorney's fees in your defense? Did the Court consider it and chose not to act? Then no. Did you NOT ask for attorneys fees. Shame on you, no you can't just 'assert' it now. Did you OFFER to settle at some point and they rejected the offer? Many states allow you to charge fees if the party refusing an offer then doesn't prevail. If so then maybe Does the will ALLOW such set-offs, then maybe. Bottom line: You have an attorney (I HOPE!). ASK! There is no one 'right' answer and depending on the documents and the case law, they answer could be yes, no or something in-between! If you don't have an attorney, it would make a great deal of sense to hire one now before this spins even further out of control. Don't be penny wise and pound foolish ... hire an estate attorney to help with this and the many other questions that will come up during the process of finalizing the estate. -- 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've been paying the mortgage on an inherited property. Want to sell. Bank will only deal with the executor.
A: It 'smells like' there may have been a due on sale clause that would have been triggered by a transfer, and the bank either wasn't informed or 'didn't understand' that the estate is no longer the owner of the property. This is FAR too complex a matter to provide any guidance in a forum like this. You really need to consult with a local real estate lawyer to review the paperwork to insure you ARE the owner, and that the MORTGAGE and not just the property was transferred to you. If that didn't happen, you may need to re-open the estate to transfer the mortgage, or (probably simpler) just refinance with a different lender and pay off the old loan to 'get rid of the problem' .... Seek local legal analysis to see if maybe there isn't a third option that would be better but isn't immediately obvious. -- 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 mother-in-law (age 75) would like to pay off her daughter's mortgage ($110K). Loan vs Gift?
A: This is FAR too complex a question for anyone to provide real advice in a forum like this. You NEED to consult with a local elder law / estate planning attorney and provide an opportunity to review all documents and discuss ALL of the situation. There are gift tax implications for a no-interest "loan" as well, and in many situations there will be a mechanism to 'pierce' an artifice which will make such attempts ineffective. Don't be penny wise and pound foolish. Pay a local attorney for 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. My sister just passed . She lived with her boyfriend and we have not talked for a year. I know she has at least 60,000
A: No one is REQUIRED to take on the job of handling someone else's Probate Estate. There are reasons you may WANT to do that, and when there is no will, as a blood relative, you probably have some degree of 'preference' to allow you to act if you want to. You should consult with a local probate attorney to determine if it makes sense to act and whether or not you feel it is 'worth it' to you. Part of your consideration about whether or not acting makes sense is that If you don't act promptly, your sister's creditors will gain preference to act, and they may not carefully control probate costs such that you end up with far less than you would otherwise. Seek local representation to determine your best course of action. --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 have a home equity loan on my house. Because I haven't paid anything against it for some time a lien has been placed
A: Well yes, the loan doesn't simply disappear because you give away your interest in the house, but I am more troubled by the implication of your statement. If you had a home equity loan you ALREADY had a lien against the house -- it didn't just 'appear' when you fell behind on the payments. Do you mean the lien has been foreclosed upon? You REALLY need to seek local legal help to review your situation, and insure you don't lose your house through neglect! --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. Tree branch fell on neighbor's property, who is responsible?
A: Nature? Seriously, if the tree is located on Neighbor A's property and falls on Neighbor B's land, causing damage, then Neighbor A (or his insurance company if the damage is great enough) should pay. There MIGHT be some 'act of God' sort of disclaimers, but this is generally true. If Neighbor B points out to Neighbor A "Hey -- your tree is going to fall and damage my house" then Neighbor A is REALLY on the hook. Think of it this way. Would neighbor B have the right to cut down the offending branch/tree? If the answer is 'no, only Neighbor A can do that' (which it is if the tree and branch are solely on Neighbor A's property) then that is where the liability attaches too. Be a good neighbor. .... --This answer is offered for information purposes only and does not create an attorney / client relationship. If you have concerns or further questions you should hire your own attorney! I am licensed to practice in Michigan only,.
Q. A cemetery in NY needs a notarized statement that my father-in-law is the last surviving member of his family.
A: All a Notary does (and can do!) under US law is identify the person signing a document / making an affidavit. The PERSON making the affidavit needs to swear under some standard, that the facts are true, and the notary simply says 'yep, this person is who he says he is.'. If you don't understand the distinction, the sworn notarized statement will probably be insufficient too -- and it makes sense to either have your own attorney draft the document, or have the cemetery provide a form to 'fill in the blanks' so they will be satisfied with the document afterward! --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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211 E Grand River Ave
Howell, MI 48843
USA
Telephone: (810) 299-5222
Cell: (517) 258-8020