Legal Question in Wills and Trusts in Michigan

Can I have my name added to my father's deed of sale for his house

My father is 84 years old and his health is failing rather quickly. We've recently discovered that my step-brother's name is on his house as a co-owner. He wasn't aware of the difficulties that would eventually cause for his 5 biological children. At this time, is there any way that he can add one or all of his biological children's names to the house in order to ensure that it is split equally amongst all of us?


Asked on 6/19/05, 7:46 am

3 Answers from Attorneys

Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Can I have my name added to my father's deed of sale for his house

In additon to what others have said which is true, "Yes, so long as he is competent. However, since your step-brother is also an owner, in order to give you and your siblings equal ownership in the entire house, your step-brother would have to sign a quit claim deed along with your father. Otherwise, if he adds your names, it will be for his one-half interest only."

The best solution would be for your father and step brother to sign a lady bird deed. It will be from nursing home gift issues, obtain a step up in basis no capital gains and avoid probate. It is similar to a beneficiary deed but your father can maintain control.

If you are interested in discussing further please view web site for contact info.

www.thecenterforelderlaw.com

Don Rosenberg

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Answered on 6/19/05, 3:24 pm
Blake Lipman Law Office of Blake P. Lipman

Re: Can I have my name added to my father's deed of sale for his house

Your father can convey his half of the house to you and your siblings. To get an equal distribution, your brother would have to join in the deed. For more info, please contact my office at (248)851-3171.

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Answered on 6/24/05, 8:06 am
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Can I have my name added to my father's deed of sale for his house

Yes, so long as he is competent. However, since your step-brother is also an owner, in order to give you and your siblings equal ownership in the entire house, your step-brother would have to sign a quit claim deed along with your father. Otherwise, if he adds your names, it will be for his one-half interest only.

Good luck.

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Answered on 6/19/05, 8:15 am


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