Q: My Dad quit claimed his house to me before he passed, but there may be an issue with way it was worded...
I did not have proper advice, so the quit claim deed was from him, to me and him, and no designation for how we were to hold title, so I'm told it defaults to "tenants in common", but nothing with "rights of survivorship". I am trying to sell his home in Michigan so I'd like to avoid probate (which was what we were trying to do in the first place). I had a POA, but again, did not put "in perpetuity", so it expired when he died, however, I also have a living will that my father notarized several months before he passed, stating in the event of his death, I was to inherit his home. Could the will help us avoid probate?
A:
PoAs expire on death -- you can't add 'in perpetuity' and expect that will change. And yes, a deed in Michigan that lists two or more people and does not specifically mention survivorship properly will revert to tenants in common and require probate when one of the parties dies.
"Living Wills" deal with medical issues not real estate so to the extent one tries to do that it will be ineffective. At this point you need to get an attorney. Frankly, you needed that a LONG TIME AGO, but absent a time travel machine, we're stuck with the way things are now, and you need to get some real legal advice to avoid further messes like the one you describe. Seek a local probate attorney in the county where your father lived at the time he passed. If that is also the county where the land is located, you'll be all set. If he lived outside of Michigan, you may have a more complicated situation and need an attorney both in MI and in the state where he lived, but again, don't try to figure out what to do on your own. You need the help of a local professional.
Don't continue to try the 'penny wise' and pound foolish approach here. Get local legal help.
-- 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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