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My diseased mother and my brother a sisters are all named as joint tenants with full rights of survivorship on a parcel in Northern Michigan. I have been paying all of the taxes for 6 years now. My brother and sisters have agreed that they have no interest in this property and are willing to sign off. Is a quick claim deed the way to go on this and do I need a Lawyer to do this?

Niicss · Posted: Fri Apr 25, 2008 6:21 am Post subject:

Welcome Dan B,

You can use a quitclaim deed but if it is a mortgaged property then you need to take the lender's approval. The lender may ask you to take the mortgage on your name only because now you will be the only owner of the property.

You can prepare the deed your self but it is always helpful if you take help from a lawyer.

Let me know if you have any further quires.

Posted: Fri Apr 25, 2008 6:50 am Post subject:

Thank you for your help.

There isn't a mortgage on the property. Once I get it in my name I'm going to sell it or basically give it to an ajoining land owner. I know the Lawyer is going to want to do a title search and there will be another title search when I sell. I was trying not to use a Lawyer because of cost but I know it's the correct way to "be done with it".

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Dan B,

Welcome to the forum.

If it is not a mortgaged property then you should not have any problem to transfer the deed to your name. Your brother and sisters have agreed. So asked them to sign the quitclaim deed. BTW do not forget to notarize and record the deed in the county recorder's office.

Feel free to ask if you have any further questions.

Best of luck,
Larry

jheard · Posted: Sat Apr 26, 2008 8:04 am Post subject:

Do you mean your mother is dead, as in deceased? Or is she sick as in diseased?

If dead, in a joint tenancy, the surviving tenants automatically receive a portion of the deceased's property interest. You may have to record a death certificate, an Affidavit of Death, or the equivalent in the county recorder's office where the property is located.

If not, you can just have everyone sign and notarize a quitclaim deed and record it in the county recorder's office where the property is located.

If you sell the property later, a title company will usually perform a title search and issue title insurance. You don't need a lawyer for this. You can use a realtor or title company.

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