Ironwood, MI asked in Estate Planning and Probate for Michigan

Q: Dad passed. Dad and his wife quit claimed deed their home to children. Deed is recorded. Can she change deed?

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: A lawyer would need to see the actual recorded deed because the way you phrase the question leads to two possible answers:

-if mom and dad quit claimed the house to the children, then NO, mom can't change the deed because the house isn't hers anymore (dad passing, then, has nothing to do with it);

if mom and dad quit claimed the house to the children, reserving a life estate for themselves, then YES, mom can change the deed because she still owns the house (dad passing, then, just means that she now owns it alone).

The second scenario is more likely, particularly if they went through an estate planning attorney. It would be what people commonly call a lady bird deed. But check the deed to see where things stand.

Michael Zamzow agrees with this answer

1 user found this answer helpful

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.