Lansing, MI asked in Real Estate Law for Michigan

Q: My husband and I are joint owners of our home. He passed away, and I would like to transfer the deed into my name.

What documents do I need, and where do I go to get the transfer done?

Related Topics:
3 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: In other words, your husband was a joint owner. With his death, he ceased to be a joint owner, and you became the sole owner. The land records won't reflect that fact until his death certificate is recorded.

If the deed naming you as a joint owner is already recorded, there is no document to be executed or recorded at this time simply to make you the sole owner. You already are. When you convey or mortgage the property, you will need to record with the register of deeds a certified copy of the death certificate to show that you have the authority to do so as the sole owner.

Vincent Gallo
Vincent Gallo
Answered

A: Responding from a New York perspective, if you and your husband held title as tenants by the entirety, you would not need to do anything except produce a death certificate if and when you sell the real estate.

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: A copy of the recorded deed should be sufficient if it states that you and your former husband owned the property as "husband and wife" or "jointly with rights of survivorship." If this 'magic language' is not contained in the deed, then you will need to consult with an attorney to probate the property. On a related topic, deeds are legal contracts that have far- reaching legal and tax consequences and they should be drafted by legal professionals.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.