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?

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

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

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

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!

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.