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2 of 4 brothers quite claimed deed the house to younger brothers. I want to know if us younger brothers have a joint tenancy?
Anonymous7 views8 answers
I am not sure what happens to my house if I die. Does it go directly to my other brother listed on the quite claimed deed. I want my half to be split between my brother and my dad (if I die) what can I do. I want my dad to be able to live there. Can I just put that my dad and my brother take my house equally in the will. Or do I have to change any language in my deed, would the deed say anything if my brother automatically takes the entire share if I die?
It depends on the wording of the deed as to what form of title you have received. See an attorney with the deed and your desires to have it done correctly.
There are many possible forms of ownership and estates, including present and future interest. You should get a local attorney to advise you on the best way to hold the property and draft the documents for you.
As Mr. Brennan indicates, your rights in the property are initially governed by the language of the quit claim deed that conveyed title to you and your brother. If it says that you are joint tenants, then you are. If it is silent on your relationship, or if it says you are tenants in common, then that is the nature of your relationship. To address your estate planning desires, you should discuss the matter with a real estate attorney or an estate planning attorney.
I suggest that you (possibly with your father and brothers) grab a good estate planning lawyer so that you can make this all come out way that you want.
There are a surprising number of issues that must be taken into consideration and a surprisingly wide array of potential solutions. It is very difficult for a layperson to take everything into consideration that should be taken into consideration. It is even more difficult to elect the remedy that does the greatest good while avoiding the greatest harm.
This is a place where you really do not want to be "penny wise and pound foolish".
You can have an attorney to make assure you have sole ownership and then plan your estate
with a will or trust to direct where you want your property to go.
As others have said, in Michigan, the wording to the grantees of the quit claim deed will determine how the property passes upon death of one joint owner. The words "joint tenancy with full rights of survivorship" is different than "as tenants in common" (or mere silence in the transferring instrument). You need to take the documentation to real estate counsel for interpretation. Once you know, the cooperation of all the "grantee brothers" or lack thereof will determine whether you can execute an instrument(s) to change the outcome as it exists now. Plus, the estate plan documents of each brother will, likely, have some effect upon the transfer after death. See an experienced attorney.
I agree with the other attorneys who posted answers: the result of the quit claim deed depends on its specific language. If you and your brother own the property jointly with right of survivorship then at the death of the first brother, the survivor will own 100% and can pass the property by Will. If, however, you own the property as tenants in common, each of you can pass your 50% at death by Will. The other issue you should address with an attorney is who will pay the property taxes, homeowners insurance and maintenance for the property. Your agreement with your brother needs to be put in writing to avoid future problems. You are smart to be asking these questions now. See an attorney who will help implement a plan that meets your needs. Best of luck to you.
It depends upon the exact language in the deed. Many attorneys will give up to an hour for a free consultation. I suggest you bring the deed to an attorney for a quick review.