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REAL ESTATE:

Washtenaw County Onsite Well and Septic Regulation

This new regulation was effective January 1, 2000, and has totally changed the procedure for selling homes that are serviced by an on-site well and/or septic system. Under this regulation, a seller may not transfer ownership of their property unless they have a letter from the Washtenaw County Health Dept. stating that their well and septic systems are in substantial compliance with the rules of Washtenaw County. In order to obtain this certificate, the Seller must have their systems inspected by a certified inspector. This procedure takes a minimum of three weeks to accomplish (assuming the inspections are satisfactory).

See www.co.washtenaw.mi.us/depts/EIS.HTM for copy of ordinance and list of certified inspectors).

The inspector completes a series of tests and fills out a written report of the test results which he submits to the WCHD. Within 5 days the Health Department either (l) issues a letter stating that the systems are in substantial compliance (the Seller may proceed to close on the sale of their property); or (2) issues a letter stating that the system is not in substantial compliance. If this happens, the Seller must obtain a written bid which outlines the correction of the problem. This is submitted to the Health Department. If it is approved, the Seller may proceed to have the problem corrected. Once the correction is completed, the Health Department will issue the letter of compliance. If the Seller needs to close on the sale before the remediation work can be completed, the Seller must escrow 1 1/2 times the amount of the bid with the title company at closing. Once the work is completed and approved, any remaining escrow funds will be returned to the Seller.

This process can take a substantial amount of time and should not be delayed until just before closing. There are financial and criminal penalties for non-compliance.


ESTATE PLANNING:

Do I need a will?

By using a will, you tell the Personal Representative and Probate Judge who should receive your property. If you die without a will, the State determines who receives your property. This may or may not be what you intended.

If I have a will, does my estate still have to go through Probate Court?

Yes - the function of the will is to describe who is to receive your property at the time of your death. There are ways to plan to have your property pass outside of Probate. A Living Trust is one of them. An estate planning attorney can guide you as to what will be the best estate planning technique for your needs.

Ann Arbor law firm providing legal services in the areas of Real Estate, Probate, Estate Planning, Business Law and Banking/Lender Law.

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