My moher's lawyer put together and notarized a quit claim deed in March, 2014. She is declining, and may need to go into a nursing home. My sister and I also signed the quit claim deed, but we failed to register it with the Register of Deeds Office, which will now cost $200 to file it. If we would have filed it within 45 days of signing it, the cost would have been zero.
We have someone who can update and get the quit claim deed notorized with a current date, but she is not a lawyer. Will this be ok to do?
It is impossible to know whether it will be ok without reviewing the documents and discussing your estate planning goals, which is what an attorney would do.
You haven't identified the other parties involved in this question so I cannot determine whether I may have a conflict in this matter. Should it turn out that I have an attorney-client relationship with any of the other parties, my response to this question will not prevent me from continuing to represent an existing client.
If you are facing nursing home, you must, must, must get a lawyer who knows elder law to assist you. You will not do this correctly without a lawyer's help. The consequences will be far more than a few hundred dollars to review the situation and draft a deed (if necessary).
You definitely need a lawyer and not just for the purpose of preparing and notarizing a quit claim deed. You need to know whether transferring title to mom's property makes sense for her and, in particular, whether the transfer will jeopardize her ability to obtain Medicaid to pay for a nursing home. Medicaid depends on many factors, including her monthly income, her other assets and her medical needs. Giving away property by a quit claim deed could disqualify her from receiving benefits which would be a very costly mistake. For your reference, there is always a cost to record a deed at the Register of Deeds office. The $200 fee you mentioned sounds like the penalty for failure to file a Property Transfer Affidavit with the municipality where mom's property is located. With a lawyer's assistance you can decide whether a transfer of the property is appropriate and make certain any paperwork is done properly. Best of luck to you and your family.
To the Asker: do you play with dynamite? why wasn't the original deed recorded properly? Answer: Because you didn't have the attorney handle it. What you describe as you now anticipate doing will "cost" you a lot more than $200. Please hire an attorney to do this right? This isn't just preparing a piece of paper. You are facing, potentially, Medicaid issues, location taxation concerns, and God knows what else (that hasn't been articulated here!) The other 3 attorneys have lead you correctly.
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
I agree with my colleagues, but you appear not to understand the situation, correctly. It will only cost $30 to *file* the deed. That is the recording fee...($15, if the property is in Wayne County). The $200 charge you reference *might* be in relation to a property transfer affidavit, (that is supposed to be filed with the city assessor, whenever a deed is SIGNED in Michigan, whether it is recorded ((filed)) or not). Many lawyers take the position that a property transfer affidavit is NOT required to be filed, for certain kinds of deeds. Whether your deed is one of those deeds or not, or whether the assessor would actually charge you or not is not clear from your summary.
You need to have a lawyer review the prior deed. I cannot understand why you and your sister would have had to sign that deed, unless you were added to the title with a previous deed.
As you can see, there are different variables, depending on the actual facts, which are not clear from your summary. I would certainly NOT prepare an additional deed until you understand exactly where things stand, as of right now.
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