Questions and Professional Answers

• quit claim deed forms

  I live in Illonois My husband died and he had property in michigan his mother who is deceased name is also on property I am interested in selling the property but I was told I need a quit claim form , So do I need a form from the state of Michigan or Illinois quit claim form I have kept up taxes on the land

  • Re: quit claim deed forms

    If the property is in MI, then you will need a MI deed. However, it may not be as simple as that. Who now owns the property depends on how your husband and his mother took title to the property as well as who their respective heirs or devisees might be. You will need to contact a real estate attorney licensed in MI to help you with this.

    Thomas Moens
    Moens Law Offices, Chartered
    1523 52nd Avenue
    Moline, IL 61265

  • Re: quit claim deed forms

    You will need Michigan forms since the property is in Michigan. But the title sounds like an issue since the two prior owners are deceased. Look up the Michigan State Bar Association and try to get an attorney referral up there to ask about ownership now that the owners are deceased.

    Nicholas Chrisos
    Nicholas G. Chrisos Attorney at Law
    5 E. College Dr. Suite 112
    Arlington Heights, IL 60004

• Filing a Quit Claim Deed in Michigan

  We would like to file a Quit Claim Deed in Michigan to add a name to a piece of land we own. If we download the form off of the website, do we need an attorney to file the form for us in Michigan? If we file the form ourselves, do we file it directly with the county the land is in?

  • Re: Filing a Quit Claim Deed in Michigan

    You can send it directly to the Register of Deeds for the county where the property is located. However, call first for the recording fees. And keep in mind that there are very strict requirements for deeds - if you do it wrong, they will mail it back to you unrecorded. When you call, ask if they have a website with tips, etc, or have a lawyer review it for you.Here is a link to the Wayne County requirements.http://www.waynecounty.com/register/rec_req.htmThanks.

    Audra Arndt
    Audra A. Arndt & Associates, PLLC
    6689 Orchard Lake Road #284
    West Bloomfield, MI 48322

  • Re: Filing a Quit Claim Deed in Michigan

    You can do it yourselves, but there can be some serious consequences if you title the property improperly. It would be inexpensive to have an attorney do it for you and you know it will be done right.

    Rochelle Guznack
    Law Offices of Rochelle E. Guznack, PLLC
    16325 Homer
    Plymouth, MI 48170

• quit claim deed

  In Michigan do I have to add a consideration amount if transfering from a husband to a husband and his spouse? Can I just make a note of the State Real Estate Exempt code on the quit claim deed?

  • Re: quit claim deed

    No consideration is required and yes, there is a box in which you can state the exemption from transfer tax on the form, if you are using a form. If you need one, contact me at lawref@lawrefs.com and I will email one to you.

    Renee Walsh
    Walsh Law PLLC
    1805 Hamilton Road
    Okemos, MI 48864

• Quit Claim Deed

  I have a notarized quit claim deed & have refinanced the property. The property appraiser shows the home in only my name, but now after a refinance 6 years ago, the lender says that since the quit claim deed did not have 2 witness signatures, it is not valid. Must the quit claim deed be witnessed in addition to notarized to be in effect? The property is in FL but the person signing the Quit Claim is in OK.

  • Re: Quit Claim Deed

    Yes. A Florida deed requires to witnesses

    David Slater
    David P. Slater, Esq.
    5154 Windsor Parke Dr.
    Boca Raton, FL 33496

  • Re: Quit Claim Deed

    The bad news is that Mr. Slater is correct this time. A deed to Florida property must have two witnesses by statute, or it is not valid. The clerk of court will record it if it is notarized, but that does not make it any more valid.

    Frank J. Pyle
    Probate Attorney Throughout Florida
    401 West Colonial Drive, Suite 4
    Orlando, FL 32804

• Quit Claim Deeds

  My brother and I were left an equal share in my Mom's property after her death in November. Because of a lot of expense that I had in the house, and in her care, my brother is signing a quit claim deed to give up his rights to the property (house and land). I have been told my a local attorney that he can sign that quit claim deed now, even before the Will is probated. I just want to make sure. Is it OK for the quit claim to be dated before the actual probating of the will. I was also told the Executor would need to do an Executor's Deed, putting the property in both my name and my brothers, and then the quit claim deed should be filed. Again, is it OK that the quit claim is dated before all of that?

  • Re: Quit Claim Deeds

    Yes, go ahead and get the quitclaim and have it recorded. Just to be safe, file it again for recording after the executor's deed is filed. It will cost you an extra $5.00 but what the heck.

    Charles W. Field
    Charles W. Field, Attorney at Law
    911 Duluth Hwy., Ste. D-3211
    Lawrenceville (north Atlanta), GA 30043

• quit claim deed to add non-relative

  xwife recieved rights to house via divorce decree.Xhusband recieved deed to property from xwife through quit claim deed (xwife wanted out of obligation, still obligated to mortgage) xhusband wants to add girlfriend to deed as co-owner.will a quit claim deed recorded at county records department acomplish this?also on quit claim deed do I deed from myself to myself and girlfriend?

  • Procedure to add non-relative to Deed to House

    Q. I want to add my girlfriend to the deed to my home. Will a quit claim deed recorded at county records department accomplish this?A. YES, if done properly.Q. Do I deed from myself to myself and girlfriend? A. Depends on what you deed to her and the language you use. You have been through this once with your exwife. You need to seriously consider what you are about to do. Sounds like history repeating itself.

    William W. Fernandez
    William W. Fernandez, Attorney at Law
    250 Panama Road East
    
    

    William W. Fernandez, Sr., J.D.
    William W. Fernandez, Attorney at Law
    250 East Panama Road
    Winter Springs, FL 32708-3516

• Quit claim deed & liability

  How does a parent ensure that a home given to a child will not be seized as an asset by the state to pay for medical care if the parent becomes ill and has to enter a nursing home for an extended care?? Will a quit claim deed help? Is it true that a quit claim deed on the property from the parent to the child will protect this property from seizure? Will the quit claim deed be valid if not filed 3 years prior to the advent of the parents illness? Does the quit claim deed need to be filed with the county clerks office? What if a quit claim deed was placed in a bank deposit box but never filed with a county clerk, is it valid?

  • Re: Quit claim deed & liability

    If the Medicaid applicant, the Medicaid applicant's spouse or an individual acting on behalf of the Medicaid applicant made a non-trust transfer, the transfer would be subject to a 36 month :look back period." At this time in Michigan, there is a penalty of one month ineligibility for every $3,711.00 transferred without receiving fair market value. Thus, a transfer of $133, 596.00 will incur an ineligibility period of 36 months. ( $3,711.00 x 36 = $133,596.00. A non-trust transfer of more than $133,596.00 will not incur an additional ineligibility period, as long as the Medicaid applicant files the application after the expiration of the 36 month "look back" rule.Under federal law aand federal and state rules, homesteads are the exempt property of individuals applying for medical assistance in the State of Michigan. That means that the state will not count the value of the homestead in determining eligibility for Medicaid benefits. These rules provide significant protection to the primary asset of many individuals and their families in long term nursing care situations.A deed should be filed in the county where the property is located. However, the deed is still valid even if it is not filed if the deed is properly executed.NOTE: My opinion does not constitute legal advice unless I have been specifically retained as legal counsel and completely informed of the facts of the situation.

    Henry J. Legere, Jr.
    Sheikh & Associates, P.C.
    35 Crocker Blvd.
    
    

    Henry J. Legere, Jr.
    Law Office of Henry J. Legere, Jr.
    4523 Willoughby Road
    Holt, MI 48842

• Quit Claim Deed.

  When I got divorced 3 years ago, I signed a Quit Claim Deed so that he could refinance the house in his name only. Well, now there is no record of the Quit Claim Deed anywhere. I am still on the tax bill and title to the house. We are in a custody battle and I want to use that for leverage. I guess I need to know if I am still legally entitled to half of the property since there is no record of the Quit Claim anywhere. He wants me to sign a new one.

  • Re: Quit Claim Deed.

    You must first realize that if you were required by the courts divorce decree to quit claim your interest in the property, you are still obligated to do so.However, if this has some how caused you to spend money due a bad credit report or paid taxes on the property to avoid this, you may be able to recover something.

    Ralph Tambasco
    Tambasco & Associates,P.C. Attornenys at Law
    1 N. Pennsylvania St., suite 500
    Indianapolis, IN 46204-3136

• Elder Care/Real Estate/Quit Claim Deeds

  Is it necessary or advisable to file a quit claim deed to protect 1/2 interest in home jointly owned by elderly mother and daughter if deed is survivorship? Is there a tax consequence for filing quit claim deed?

  • Re: Elder Care/Real Estate/Quit Claim Deeds

    As to the first question, I'd need to know a lot more of the circumstances. As to the second, no, if it's just a change in the form of ownership.

    John Heffernan
    Heffernan & Farr, LLP
    650 Farmington Ave.
    Hartford, CT 06105

  • Re: Elder Care/Real Estate/Quit Claim Deeds

    I'm not sure I understand the question. Who's interest are you trying to protect? One of the joint owners or a third person?To "file" a quitclaim deed, you need to execute a deed transfering an interest in the property to another and then "record" it on the land records.

    Linda Subbloie
    Linda A. Subbloie, Esq.
    P.O. Box 9024
    New Haven, CT 06532

• quit claim deed

  I was told to file a quit claim deed in order to change the name on my tax bill from my deceased husband's to mine. What is the purpose of a quit claim deed in the case of surviving spouse and claiming ownership of a city lot and home there? Who would be the grantor or the grantee.

  • Re: quit claim deed

    There may be some missing facts here. If yoiu were on title with your husband, you can not file a quitclaim, in your capacity as his spouse on behalf of a deceased person. You need to file an affidavit of heirship. Doing so will show a subsequent owner or the taxing authorities who actually owns the property by looking at the filed affidavit that traces the ownership to you.

    Burton Padove
    Indiana and Illinois Lawyer, Burton A. Padove
    533 W. Ridge Road, Suite C
    Munster, IN 46321

  • Re: quit claim deed

    Are you trying to change the name on the tax bill or the name on the deed? To change the name on the tax bill, you need to contact your county treasurer's office. To change the name on the deed, you cannot use a quit claim deed if you and your spouse jointly owned the property prior to his death. You need to contact an attorney to make sure you complete the correct documentation to change the name on the deed.

    Naheed Amdani
    Law Offices of Naheed A. Amdani, P.C.
    4909 W. Oakton Street
    Skokie, IL 60077