Legal Question in Real Estate Law in Michigan

My father deaded there home to me 20 years ago, now

he is in a nursing home and will never get back to the house. He has a lifetime lease on the home. My question is, can I sell the home with out the state taking the money for the nursing home?


Asked on 9/29/10, 11:54 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If the deed was properly executed, delivered, and accepted 20 years ago, then it was valid at that time. The house does not belong to him. BUT you have other problems with filing the deed now, because the deed will transfer ownership, and trigger the "uncapping" of property taxes as well as issues of "primary residence" credits. Your local government will be doing their best to recoup taxes that would have been assessed higher since 1994. You need to take your deed to a real estate attorney. The state may decide that this is a "fraudulent" transfer to avoid having his money pay for his care in his old age, and you will have to prove the validity of the deed. Better to do this now, while he is still living.

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Answered on 10/05/10, 5:36 am


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