Legal Question in Real Estate Law in Michigan
Quitclaim deed change
I have quitclaimed property I own to myself and another person Joint Tenent with rights of survivorship. The Quitclaim deed has been duly registered and recorded in the local county Registry of deeds three years ago.
My question is: can I change my mind and deed this property to another person or can this deed be superceded by a will I make after the deed has been recorded?
1 Answer from Attorneys
Re: Quitclaim deed change
To Whom It May Concern:
This is in response to your email of September 9, 2001, which this office received on October 25, 2001.
Once you have Quit Claimed property to yourself and another person as joint tenants with full rights of survivorship, the only way either of the owners can transfer an interest is to execute another deed. Thus, if the joint owner refuses to execute another deed, their interest cannot be transferred, you can transfer your interest only. So if I understand you question correctly, you cannot unilaterally change your mind and undo a transfer.
A Will probably cannot supercede the deed. If you die before the other joint owner, your interest in the property will automatically pass to the other person upon your death, and will not pass through probate.
Sincerely,
Nichols & Eberth, P.C.
(313) 561-5700
By: Michael R. Shaffer
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