Joint Tenant With Rights Of Survivorship - Michigan
My grandmother quit claimed to herself and I as "joint tenants with rights of survivorship" in 1989. My grandfather deceased prior to. She deceseased in April 2003. I then discovered that she quit claimed again, as "joint tenants with rights of survivorship" to herself and her son(my uncle) in February 1995. Both are registered with the county register of deeds. I recorded the death certificate along with my deed. My question is, do I have 100% ownership? I should mention that my grandmother was diagnosed with severe Dementia in 1995, also, her last will and testament (prior to her illness) conveyed her wishes that I receive all of her assets, including the home. I know that the right of survivorship avoids probate and trumps the will; I just wanted to illustrate the scenario. Thank you in advance for your responses.
Sincerely,
Not So Happy Gilmore [ Edited by lamar on Date 11/24/2003 ]
"I submitted the death certificate along with my deed. "
Submitted your deed? What's that mean? Submitted to whom?
Are you trying to say "recorded"?
If so, and you recorded long after the other deed was recorded, you may have a battle on your hands now trying to gain actual title and possession of that RE.
While a suit to quiet the title is the legal mechanism required to fix this, if you & your uncle can't agree, I'd see if you & unc can't settle amicably.
His deed is surely questionable since your GM was NOT legally competent, being senile, when the 2d deed was executed, that would require a court decision to effectuate.
So again, I think it might make a lot more sense here to go to Unc with some kind of settlement proposition...or get ready to spend some $$$ on your lawyer and his lawsuit for you.
"If you are a joint tenant with full rights of survivorship, this form of ownership can be changed by having both you and your partner execute a quit claim deed conveying the property to yourselves as tenants in common. "
This is a quote from an article on an attorney's web site. Is there any merit to this? Does this mean that the second quit claim to the property is null and void? What do I need to do before I can sell the home?
Oops stay away it is too late for Tenants in common and you really do not want that. You need the survivorship.
Go to your Uncle, explore his position in life. How Old? how long to go before it does not really matter. Try to establish a workable relationship. He might settle for just a small income, or perhaps the use of your car. But bargain him out and take a Quit Claim and a statement of Ident. I know she was a little confused. The documents speak for themselves. But stay out of court. this one leaves too much to the judge to decide as to true intent of the contracting parties. Scary, looks like she easily got mad and tried to adjust the future of others. A common practice.
I hope this is helpful just play the game and keep a captive notary up your sleeve.
You just never know, the moment comes and you need that deed signed fast and notarized.
Go for it. Lucius