Legal Question in Real Estate Law in Michigan

Will a Quit Claim Deed Work?

My fiance and I moved in with his father to take care of him 6 months ago. My fiance was to get the house when his dad died. But, his dad still has a mortgage on the house and he inquired to the mortgage company about putting his name on it so that it would be taken care of and they told him to get a Quit Claim Deed signed and mailed back to them. Well, my fiance passed away on Xmas day and now his dad says that he would like me to have the house. I am just wondering what a person like me can do to be able to have this house after he would pass away? Currently I am not working but waiting for my disability to go through which I should hear about very soon. His dad wants to do anything for me so that I will be able to stay here. I am checking to see what would be the best way for me to be able to do this.


Asked on 1/08/03, 3:38 pm

1 Answer from Attorneys
Thomas Weiss McClintic & Weiss, P.C.

Re: Will a Quit Claim Deed Work?

Hello, and thank you for visiting us.

The simplest way to accomplish this would be to have his Dad execute a quit claim deed to " and as Joint Tenants with Full Rights of Survivorship".

That way, the person who passes away first has all of the interest pass to the other.

The other problem, though: did Dad sign a quit claim deed and send it to the mortgagee or register of deeds? If he did, you should absolutely see an attorney and have this straightened out so that there is NO question if Dad passes away first.

In any case, I would highly recommend seeing an attorney - a few hundred dollars of attorney time is a small price to pay to ensure that this important transfer is done properly.

Good luck,

Tom Weiss

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Answered on 1/09/03, 7:50 am


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