Do I have mineral rights?

If you own land in the Upper Peninsula, you probably do not own the mineral rights. The U.P. economy began with hard-rock mining as an important industry and it still is today. Others here before you likely secured those rights. However, if you need definitive answers, we are experienced with hard-rock mineral rights and handle related searches, transactions, and litigation. This makes Kendricks Bordeau unique among law firms in Michigan.

How much will it cost for a deed?

At our firm, we normally charge a flat fee around $100 unless there are complex circumstances.

What ownership options exist for real estate?

Common forms include:

  • Tenants by the Entireties
  • Joint Tenants with Rights of Survivorship
  • Tenants in Common
  • Enhanced Life Estate (commonly known as a “Ladybird Deed”)

Each has different legal and financial implications, on everything from divorce, to creditor issues, to probate, to Medicaid eligibility. Paying an attorney to get your ownership right the first time will save you in the long run. We have seen it (and fixed it) for decades.

Is a purchase agreement necessary for a real estate transaction?

Yes. A purchase agreement clearly outlines the terms and protects all parties involved.

I want to transfer real estate but I don’t want the property taxes to go up. Can an attorney help with this?

Typically, yes. The rules can be complex, but we start by asking you for your most recent property tax bills. We also want to know your relationship (if any) with the person who will be receiving the real estate. In Michigan, this issue is commonly known as “uncapping” property tax value. Often this can be avoided if you qualify for a transfer exemption and the real estate transfer is structured correctly.

What are common real estate disputes?

Examples include:

  • Boundary disputes
  • Easement disputes
  • Landlord-tenant issues and evictions
  • Homeowners Association or Condo Association disputes

Do I need an attorney to buy or sell real estate?

Even with a real estate agent, an attorney can help:

  • Review contracts
  • Address legal risks
  • Ensure your interests are protected

You may choose to buy or sell real estate yourself, normally called a “for sale by owner” (FSBO) transaction. Our firm often assists with the process by drafting the purchase agreement, advising about property disclosures, assisting with negotiation of the deal, reviewing the title insurance commitment and fixing any issues it reveals, and drafting deeds and bills of sale to transfer the property at the closing.