Legal Question in Wills and Trusts in Michigan

Hello

We have a Quitclaim Deed that we had drawn up while my mother was ill. She resided in Macomb before she had to come and stay with family. The Deed states Macomb but it was signed in Oakland because my mom was in the hospital when it was drawn up. She wanted to get things done in case something happened to her. Anyway, we had a notary come to the house to have her sign as witnessed by Hospice, etc. However, we are concerned because the Notary signed it as working in Oakland" which is where my mother was at the time and where she works. She has since passed and we want to file this deed. Is it valid?

thank you


Asked on 2/28/11, 9:27 am

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Yes, it should be valid, but the bigger question is should you. Depending on what your mother paid for the home, if there is a great appreciation of value, the family who gets the property via deed may have a large tax bill, which can be avoided by going through probate court. Visit kliszlaw.com to discuss in greater detail, but this could be a very important decision that you don't want to make a mistake on. Tim Klisz

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Answered on 2/28/11, 9:35 am


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