My Grandmothers property! When she passes it is suppose to go to her youngest sons. Somehow her older son got his name on the deed with survivor rights. She doesn't know how he got that done.How can we get that changed. Is it possible to get his name off there and how? We are in the State of Michigan. Can she or her (power of Attorney do anything about this? Can the place be sold to another Family member in order to keep it in the family??Cause if the older son gets it, it will be sold to whoever. He has already stated that ..Any advice would be greatly appreciated...We are very worried about this..
2007-01-30 20:48:37 · 10 answers · asked by garanger71 1 in Politics & Government ➔ Law & Ethics
Talk to a lawyer ASAP!!!
2007-01-30 20:52:50 · answer #1 · answered by Anonymous · 0⤊ 1⤋
1. You should go to the courthouse to research the history of the land titles, starting with the latest deed and working backwards. There should be a document of some sort in the land records that puts Oldest Son on the deed--a transfer document of some sort. (Just because Granny doesn't remember doing it, doesn't mean she didn't do it, or that Grandpa didn't. Oldest Son can't just file a deed of title with his name on it, there has to be a document signed by the owner that adds him to the title. Of course, this could be forged.) You can do this on your own without the need for a lawyer.
2. Once you find out how O.S. got on the title, you will need to see a lawyer. If O.S. agrees to share the title, the lawyer will have to draw up the proper transfer documents. But why should O.S. agree? He may think he has a perfect right. In that case, you will need to lawyer to sue, if the lawyer thinks the transfer can be invalidated by the court for some reason. The point here is that, if O.S. won't agree to give up title, you have no choice but to sue, and you will have to show good cause to win. You can't win a case like that without showing some kind of fraud or other misconduct/error. Only the judge can change titles if the other party doesn't agree to do it voluntarily.
2007-01-30 23:30:49 · answer #2 · answered by AnOrdinaryGuy 5 · 0⤊ 0⤋
You say the older son in on the deed with survivor rights. That sounds like he's either a joint tenant, or holds the some type of remainer interest.
If he agrees to it, you can have him execute a quit claim deed giving any interest he has to your grandmother. This would "merge the estates" and your grandmother would then own it herself.
If he does not agree to it, you have a probelm, and maybe a big one. Unless you can show some type of fraud, his interest might be impossible to destroy. Perhaps you can buy him out.
In either case, you need a lawyer to make sure it's done right, and so you know all the implications of what's done.
2007-01-30 23:12:50 · answer #3 · answered by tallthatsme 4 · 0⤊ 0⤋
on the grounds that she has a criminal interest in the homestead, you will could get her to comply with sell her 0.5 of the valuables to you. you may rigidity this by using petitioning the courtroom for a partition of the valuables. be forewarned that the courtroom might, in actuality, partition the valuables by using splitting it down the middle, besides the reality that if there's a single homestead, which will probable no longer ensue. below the partition, the courtroom might require the events to sell wherein case, you're able to purchase out her 0.5 of the valuables. See a lawyer for the right approaches on your state and the economic ramifications. needless to say, you will could take out a loan for the entire sale value of the homestead, paying off the triumphing loan and splitting any proceeds. you're greater valuable off getting her to comply with a quitclaim for her 0.5 of the valuables's fee much less her 0.5 of the steadiness on the loan. a physically powerful lawyer assist you recognize all your strategies.
2016-11-23 16:53:09 · answer #4 · answered by withy 4 · 0⤊ 0⤋
Have an attorney draw up another deed as long as your grandmother is still alive.
2007-01-30 21:07:21 · answer #5 · answered by bamafannfl 3 · 0⤊ 0⤋
Hello,
This would be called a quitclaim deed.
You may need to go to a title company or the county recorders office to do this. You can also go to an estate attorney.
Here is a link about the quitclaim deeds:
Hope this helps you..................... : -O
2007-01-30 21:02:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She needs to speak to an attorney right away if you want this cleared up. You need a real estate law firm. Don't wait.
2007-01-30 21:00:53 · answer #7 · answered by Seikilos 6 · 0⤊ 1⤋
Quit claim deed.
2007-01-30 20:55:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Put the will on probate proceedings so that the court can determine who are entitled to the estate of your grandmother.
2007-01-30 21:18:15 · answer #9 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
It's all up to Granny, don't let her kid you!
2007-01-30 20:54:53 · answer #10 · answered by Anonymous · 0⤊ 1⤋