Lansing, MI asked in Real Estate Law for Michigan

Q: dad quitclaimed house to brother before he died. "terms of sale" is listed as 26-partial interest, what does this mean

My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest? And can I find out who else now has interest in the house?

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2 Lawyer Answers

A: The term "26-partial interest" has no meaning to me.

You can determine record ownership of the house by reviewing the land records, but if you are no trained to understand them, they may have no meaning to you. An attorney could probably answer your questions quickly.

Anthony M. Avery agrees with this answer

A: What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?

These are all questions that need answers before you can get any meaningful information ... I have NO clue what a '26-partial interest' notation may mean in an undisclosed document.

You need to consult with a local real estate attorney to review the actual deed and go from there. This is a 'disagreement' that can be solved in about 15 minutes -- not 15 years! Don't be 'penny wise and pound foolish' -- an inexpensive (or sometimes free!) visit with a local attorney can probably help, whereas asking on the internet and stewing with only partial information won't help at all. Get local licensed legal help!

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