Lansing, MI asked in Real Estate Law for Michigan

Q: Does a warranty deed include both the real property and all personal property? Brother trying to pull a fast one? (Mi)

My mother died in 12/22. She had a warranty deed which transferred the real property to my brother. He is claiming rights to all personal property as well thru execution of the warranty deed. There is no will. My mother's lawyer backs his understanding and said siblings have no recourse. This is locktight. There is no written document about personal property. Are they correct? We live in Michigan. Thank you.

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2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: No, a warranty deed does not transfer personal property. However, there are some grey areas. For example, a built-in refrigerator might arguably be incorporated into the real property.

Kenneth V Zichi agrees with this answer

1 user found this answer helpful

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: I concur — deeds cover real estate only unless there are SPECIFIC written documents that say otherwise.

You need to have your own attorney contact your brother (and his attorney) right away before the property ‘disappears’.

1 user found this answer helpful

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