Q: My brother and I bought a house in 2011, it is in both our names. He passed away in July.
We made quit claim deeds for each other. I went to the county to file it and they said it was not filled out right. they said to do it over. Kinda hard with dead brother. What do I have to do now?
A:
If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary.
If you owned the house as tenants in common, you should consult with an attorney. It's not possible from the information you provided to properly advise you.
You may want to consult with an attorney or your tax advisor as to the tax ramifications of the different options for taking title to the property. Also, make sure that you understand the PRE and homestead declaration forms.
A:
Without seeing both the original deed and the deeds you are referring to here, it is impossible to say for sure, but as noted this may not be needed at all. BEST thing to do is to take all the documentation to a local real estate lawyer to review. If probate is needed he can guide you as to what needs to be done and how to do it most economically.
If not, he can guide you about what documents need to be recorded and how to handle the 'transfer' legally so you and your family don't have problems in the future.
DON'T be penny wise and pound foolish. Good advice can save you a bundle in time and money!
--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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