Grand Blanc, MI asked in Real Estate Law for Michigan

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

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

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

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

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.

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