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freedon · Joined: 04 Feb 2010 Posts: 3 2.16 Dollars($)

I have been given half of an estate in michigan in a will and two children of the deceased have been given the other half. My half includes the house of the deceased. The existing quit claim deed has the Mother's name and her two childrens names on it. Can't the children sign a quit claim deed in front of notary and send it back to me without an attorney's help and in turn I sign in front of a notary here and then have it recorded? If this legal document has become legal as such because of the notary being involved and their seal why does an attorney need to be involved? Surely each of the parties aren't in a position to commit a crime against each other or to the state of Michigan are we?
Also, is there another cheaper way of transfering or giving this house to me other then through the children paying a gift tax? Thank you, Freedon

savior70 · Posted: Tue Feb 09, 2010 6:12 am Post subject:

Hi,

It's better to involve an attorney to make sure the transfer of property is done legally. However, it is not mandatory. You can sign, notarize and record the deed on your own. The children can sign the deed in front of a notary and you can also do the same. But I believe the notary has to be the same because the same person needs to witness the signatures of both the grantor and the grantee. If you do not want to contact an attorney, get in touch with a notary public. He should be able to help you with this.

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freedon