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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.

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. 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-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  2. 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 appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


  3. 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.


  4. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  5. 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, my answer does not create an attorney-client relationship and I cannot be held responsible for how you, the asker, use the information provided. If you want to contact me directly and retain my services you may through my listing on this site or at 248-901-0750 or james@weineresq.com.

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