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?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • 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

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