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Q: Adding a family members name to a deed. ( Answered,   1 Comment )
Question  
Subject: Adding a family members name to a deed.
Category: Miscellaneous
Asked by: spike46-ga
List Price: $5.00
Posted: 23 Nov 2002 09:48 PST
Expires: 23 Dec 2002 09:48 PST
Question ID: 113217
My parents are in there late 70's and they own a cottage.  They want
the cottage to be mine if something happens to them and not go into
there estate.  We all live in michigan and the cottage is in michigan.
Answer  
Subject: Re: Adding a family members name to a deed.
Answered By: tar_heel_v-ga on 23 Nov 2002 10:42 PST
 
Spike..

Thank you for question.  Prior to your answering your inquiry, I would
like to remind you that answers and comments provided on Google
Answers are general information, and are not intended to substitute
for informed professional legal advice. I recommend you contact your
attorney for specific details and advice.

What you are looking to achieve is done through what is known as a
quitclaim deed.  Typically, quitclaims are done in divorce cases as
the most expedient transfer of property.  From
http://dictionary.law.com, a quitclaim deed is "a real property deed
which transfers (conveys) only that interest in the property in which
the grantor has title. Commonly used in transfers of title or
interests in title, quitclaims are often made to family members,
divorcing spouses, or in other transactions between people well-known
to each other. Quitclaim deeds are also used to clear up questions of
full title when a person has a possible but unknown interest in the
property. Grant deeds and warranty deeds guarantee (warrant) that the
grantor has full title to the property or the interest the deed states
is being conveyed, but quitclaim deeds do not warrant good title."

There are some things to be aware of in a quitclaim deed.  Be sure and
verify the ownership of the deed.  If you parents do not have complete
ownership, neither will you.  A good rule of thumb regarding quitclaim
is "Have nothing, transfer nothing"

I would like to re-emphasize that you speak with an estate planning
attorney regarding any legal aspects of your parents' estate.  I spoke
with a colleague who is in the legal profession and he let me know
that he has seen may a "do-it yourself" cause many unanticipated
problems.

You can find sample quitdeed forms for the State of Michigan at
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-MI-B-deed~michigan


Thank you again for your question and I hope that the information I
have provided will be helpful when you consult your attorney.  If you
need any further clarification, please let me know.

Regards,

-THV

Search Strategy:
add to deed
quitclaim deed
quitclaim deed Michigan

References:
Law Dictionary - Quitclaim Deed
http://dictionary.law.com/definition2.asp?selected=1710&bold=%7C%7C%7C%7C

WorldLaw Direct
http://www.worldlawdirect.com/article/976/Quitclaim_and_statutory_warranty_deeds_(divorce).html
Comments  
Subject: Re: Adding a family members name to a deed.
From: weisstho-ga on 23 Nov 2002 23:10 PST
 
You should be able to find a Michigan attorney that will prepare this
new deed for less than $100.

The conveyance will be:  [From] Mom and Dad, a married couple, [To]
Mom and Dad (a married man) and Son (a married / single man).

Make sure to register the deed at the county seat with the Register of
Deeds.

There should be NO real estate transfer tax with this transaction. 

weisstho-ga

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