When my father passed away in 2007 my Mother filed a Quit Claim Deed for her paid for home and put my sister and my name on it.

Asked over 1 year ago - Macomb, MI

My sister has accumulated a lot of debt, my Mom refiled a new deed but only put her and my name on it. Since then I found out we have to have a new one filed with my sister signing off. My mom didn't think this was necessary because the property has not transfered. SO, how do I do this to make sure it is legal and we don't have to file again.

Attorney answers (5)

  1. John F. Brennan

    Contributor Level 19

    5

    Lawyers agree

    Answered . I suspect the you should have the title searched to determine where record title is presently vested. Then you shod see an attorney to see what is necessary to accomplish your present goals with the least expense and tax effect.
    This is not quite as easy as you have treated it, and title is now potentially at issue.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more
  2. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with my colleagues. You should have an attorney review the deeds that have been signed, as well as the title records to determine what has been recorded. Without doing that, there is no way to tell what you have.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. James T. Weiner

    Contributor Level 15

    4

    Lawyers agree

    Answered . Title issues can get very complicated.. if you do not know exactly what you are doing it can really mess up the title to the house. You really need to make sure that this is done right .. contact an attorney

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you,... more
  4. Celia R Reed

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you are transferring title to real property, all owners of record need to have notarized signatures on the transferring deed. You should consult with a real estate attorney to make sure this is done correctly.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  5. Cheryl Rivera Smith

    Contributor Level 20

    3

    Lawyers agree

    Answered . Chances are your sister will need to deed her portion back to you and your mother. You should have the title searched to see that she doesn't have any outstanding liens that might have attached. You should have a local attorney advise you.

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