Q: When filling out a quitdeed to avoid probate court in Michigan, do you need to put in a survivorship clause?
With 2 people being on the quitdeed in case something happens to one of them
A:
Drafting a deed for the purposes of estate planning is far more complicated than 'filling out a deed'. If you want to insure your heirs are involved in long and expensive litigation over the title of the property, and don't care if you cut yourself out of your house, then by all means 'fill out' that deed form you can buy for $5 on line.
However, especially if you want survivorship clauses and other complicated things like 'ladybird' provisions it makes far more sense to spend a hundred or two having a licensed local attorney review your deed, insure there aren't problems waiting for you, and draft the deed properly.
This is not an area to 'try it and see' -- get that local legal representation!
-- 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
David Soble agrees with this answer
A:
Deeds must contain the "magic" language to convey title properly to a grantee. Failing to have this language may create legal problems and unnecessary expense if the deed is not drafted properly.
There are several types of deeds and there are various ways that title can be conveyed and held. My suggestion is NOT to play attorney with real estate conveyances. The "survivorship" language that you speak of and seek online counsel for is not as clear cut as you would like it to be. Please contact a qualified real estate attorney and have your deeds correctly drafted.
See https://provenresource.com/deeds/ for more information.
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.
