Legal Question in Real Estate Law in Michigan

1. The deed needs to be witnessed and notarized, with proper identification of the property and parties.

2. Property taxes are due regardless of who owns the property, the due date doesn't change. The taxing authority liens the property, not the owner.

3. You may owe transfer tax, depending on how the deed is worded.

4. You may want to transfer the property to you and your grandmother, as joint tenants with rights of survivorship, depending on what your goal is.

There are other considerations, such as uncapping of your grandmother's primary residence tax base that could cause you to have a very sudden and very large increase in property taxes, that cannot be undone, once you do this.

If your grandmother is simply attempting to "impoverish" herself (to collect government benefits, or elude creditors for instance) this will be considered a fraudulent transfer. You and your grandmother may be better off with a will/trust or some other form of estate planning, again, depending on what it is that you are trying to accomplish. If your grandmother has other potential heirs, you would be smart to have her see a lawyer to achieve her goals. Otherwise, you could find yourself the target of a lawsuit.

Do not use a quitclaim deed for "estate planning". There is an instrument called a "ladybird deed" (Google it) that does what you want but doesn't have the negatives of a quitclaim deed. Spend a little money having it done right or you may find it has cost you thousands of $$ in the long run (taxes, uncapping, etc.).

Call 810-227-7200 to discuss this real estate and property matter.