Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Dec 2012
    Posts
    17

    Default How to Get a Clear Deed

    My question involves estate proceedings in the state of:
    In the state of Michigan, my step father died suddenly with no will. the house is in both his and my mother's name. What do i needto do to get the deed in my mother's name? Is a lawyer necessary?

    Thank you,
    Christie Morreale

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get a Clear Deed

    Quote Quoting MCL 565.48 Deed by surviving joint tenant of lands; recording; certified copy of death.
    No deed or other instrument in writing, purporting to convey an interest in land by the survivor or survivors under a deed to joint tenants or tenants by the entirety shall be recorded by the register of deeds of any county, unless, for each joint tenant or tenant by the entirety who is therein indicated to be deceased, a certified copy of the death certificate or other proof of death which is permitted by the laws of this state to be received for record by said register, is shown to have been recorded in said register's office by liber and page reference or shall accompany such deed for record.
    If mom wanted to convey the property from joint tenancy with a right of survivorship, or from tenancy by the entirety, to herself as the sole owner, she would need to file a certified copy of the death certificate and a new deed, in proper form, effecting the conveyance.

    If it were me, I would retain a real estate professional to prepare the deed.

    I suspect that the transaction is exempt from transfer taxes, but inquire with the register of deeds about exemptions (particularly at the county level) and what documentation your mother may need in order to ensure that she benefits from any applicable exemptions.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get a Clear Deed

    if title was held as tenants in common, the to manner alter title to the home will be greatly different. You need to verify how title was held to the property before determining what your actions will be.

    1. Sponsored Links
       

Similar Threads

  1. Homeowners Associations: Deed in Lieu - Bank Hasn't Recorded Deed
    By pgapro112 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 10-16-2011, 09:49 AM
  2. Foreclosure: Deed in Lieu - Title Not Clear
    By NervousNellie in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 08-10-2011, 09:44 AM
  3. Deeds - Quitclaim: Quit Claim Deed Transfer To A Warranty Deed
    By DavidShannon in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 01-12-2008, 10:11 AM
  4. Deeds - Quitclaim: Can A Quit Claim Deed Be Used To Release A Deed Of Trust in California
    By titanrocket in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-03-2008, 04:00 PM
  5. Deeds - Quitclaim: Quit Claim Deed Vs. Deed Of Gift
    By ladyinred in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 12-19-2007, 11:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources