Legal Question in Wills and Trusts in Michigan
do i own dad's property
my father put me on his propertys as co-owner (house and 40 acre retirement lot) then he signed a quit claim deed on both properties leaving me as sole owner in 2002.
in 2003 my two brothers put him in a nursing home. While there, my one brother talked my father into making a will leaving all assets to all three sons. I was told by my mother(deceased in 2002) and father that they wanted me to have the properties as they already gave both my brothers a fair share (paid for colledge etc..) . My question is, can my sibs claim part of the propertys even though my name is the only one on the deeds?
1 Answer from Attorneys
Re: do i own dad's property
They can try to claim some of the property, but if you disputed it, then they would have to take it to court and have a judge decide or attempt to determine your father/parents' true intentions. It also depends on the timing of the events, i.e., he deeded the property to you first, but then "changed his mind" a year or so later and then put something different in his will, but didn't modify the deeds (as you would have had to sign any deeds). You also have the argument that your brothers could have put your father under pressure and duress to get him to change his will.
Also, were these quit claim deeds you speak of actually recorded with the register of deeds?
Is your father still alive? If he is, you should have someone appointed to represent him so he can clarify his intentions prior to his passing away.
There are several issues here, which will definitely require legal assistance depending on what documents are in place when your father passes away.
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