Quit claim from non-relative, can his children take my house?

[Matilda1]

What is the name of your state (only U.S. law)? Michigan

My aunt (mother's sister) and her second husband who I have called uncle for 30 years, always told me they wanted me to have their house (house has been paid off for years and really is worth very little to be honest). Aunt passed last fall, and uncle legally filed a quit claim to remove my aunt and add me when his own health started to decline. It was notarized, with witnesses, and filed with the county. His only sibling, a brother, was in charge of uncle's finances and also was in complete agreement in me having the house.

Uncle took his own life last week and left no suicide note and no will. I am assuming uncle's estate will probably go into probate. Uncle has an estranged son and daughter (in their 40s) who have not seen their dad in 27 years. They both know my name is on the deed but there was no reaction about it...the daughter kind of looked around with disdain and short of shrugged, as if "Who cares?" However, I am worried that after I fix up the house and start to move in, the son and daughter may try to stake their claim to the house. Can his children take the house from me?

 

[OHRoadwarrior]

If there is a survivorship deed with you as survivor, the house passes outside of probate. You need to get a clear title after presenting a certified death cert to the county recorder.

 

[justalayman]

IF title was conveyed as joint tenants with rights of survivorship, the house is yours. If it was tenants in common, you only own 1/2 of the property with the other half owned by uncle's estate. If he had debts it may be necessary to liquidate his share to pay those debts. You can attempt to purchase his half front the estate so you can keep the house. Otherwise they can force the house be sold where you would recieve 1/2 of the proceeds.


While they could not eject you and take your share, they will have equal rights of possession and could actually move in with you.

 

[LdiJ]

IF title was conveyed as joint tenants with rights of survivorship, the house is yours. If it was tenants in common, you only own 1/2 of the property with the other half owned by uncle's estate. If he had debts it may be necessary to liquidate his share to pay those debts. You can attempt to purchase his half front the estate so you can keep the house. Otherwise they can force the house be sold where you would recieve 1/2 of the proceeds.


While they could not eject you and take your share, they will have equal rights of possession and could actually move in with you.

Again, assuming that it was not conveyed as joint tenants with rights of survivorship, and I suspect that it was.

 

[justalayman]

Again, assuming that it was not conveyed as joint tenants with rights of survivorship, and I suspect that it was.

. I have not checked the rules in op's state but in those the rules have not been modified uncle could not create a joint tenancy as this situation happened. Their are 4 unities that must be met and since uncle was already an owner, he couldn't meet the unity of time. Some states have relaxed the rules and the unities have all but gone away but without checking, I'm sticking with them still being in place. I don't have time to research it at the moment but anybody else is welcome to if they choose.

 

[LdiJ]

. I have not checked the rules in op's state but in those the rules have not been modified uncle could not create a joint tenancy as this situation happened. Their are 4 unities that must be met and since uncle was already an owner, he couldn't meet the unity of time. Some states have relaxed the rules and the unities have all but gone away but without checking, I'm sticking with them still being in place. I don't have time to research it at the moment but anybody else is welcome to if they choose.

Uncle wanted OP to have the house. Uncle's brother was assisting in making that happen. I would lean towards it being conveyed as joint tenants with rights of survivorship because otherwise, Uncle and his brother would have made sure that a will was executed to make sure that OP got the entire house.

Just out of curiosity can you provide a cite from any state you are familiar with that says that in a situation like this one that a property is prohibited under the law from being conveyed as joint tenants with right of survivorship?...the whole "unities" thing that you are talking about? I would like to familiarize myself with that. These types of conversations tend to come up with my more elderly clients.

 

[justalayman]

Uncle wanted OP to have the house. Uncle's brother was assisting in making that happen. I would lean towards it being conveyed as joint tenants with rights of survivorship because otherwise, Uncle and his brother would have made sure that a will was executed to make sure that OP got the entire house.

Just out of curiosity can you provide a cite from any state you are familiar with that says that in a situation like this one that a property is prohibited under the law from being conveyed as joint tenants with right of survivorship?...the whole "unities" thing that you are talking about? I would like to familiarize myself with that. These types of conversations tend to come up with my more elderly clients.

The unity of time requires joint tenants recieve interest at the same time. It generally requires the title to be conveyed to a third party (straw man) who would convey it back to the joint tenants. Look up the "4 unities" in regards to a joint tenancy.

There is a lot of current case law in Michigan regarding the 4 unities and joint tenancy so they may have moved beyond the requirement but I don't have the time at the moment to do much research.


But yes, if I had the time I could provide many citations regarding the requirement. It was also something taught in real estate classes way back when when I got my re agents license (since let it go)

 

[justalayman]

https://en.m.wikipedia.org/wiki/Four_unities

Wikipedia is decent in this explanation.

 

[Matilda1]

Thanks, all. I appreciate your responses and for taking the time to offer your insight. It's truly appreciated. Uncle had no debts, far from it, so there is no worries about that. The quit claim wording is pretty vague and simple, and just states uncle's name and his address, and my name (a single woman) with my current address, parcel number to the house in question, "together with all and singular the tenements, hereditaments and appurtenances thereunto..." et cetera. So basically, uncle and I have joint tenancy.

So, what I am going to do, as quickly as possible, is get a clear title. His death certificate was just completed two days ago. Forgive my lack of understanding the procedure here, but please advise: To get a clear title, can I simply take uncle's death certificate and my copy of the recorded quit claim into the register of deeds...or do I have to file other paperwork before registering it with the county? Thank you all!

 

[justalayman]

Thanks, all. I appreciate your responses and for taking the time to offer your insight. It's truly appreciated. Uncle had no debts, far from it, so there is no worries about that. The quit claim wording is pretty vague and simple, and just states uncle's name and his address, and my name (a single woman) with my current address, parcel number to the house in question, "together with all and singular the tenements, hereditaments and appurtenances thereunto..." et cetera. So basically, uncle and I have joint tenancy.

So, what I am going to do, as quickly as possible, is get a clear title. His death certificate was just completed two days ago. Forgive my lack of understanding the procedure here, but please advise: To get a clear title, can I simply take uncle's death certificate and my copy of the recorded quit claim into the register of deeds...or do I have to file other paperwork before registering it with the county? Thank you all!

That does not make a joint tenancy.

Are the words
As joint tenants

And possibly along with; with rights of survivorship

Appear on the deed? Unless it specifies: as joint tenants, it is as tenants in common.

 

[Matilda1]

That does not make a joint tenancy.

Are the words
As joint tenants

And possibly along with; with rights of survivorship

Appear on the deed? Unless it specifies: as joint tenants, it is as tenants in common.

Okay, I misspoke. The deed does not include the words 'joint tenants.' Nothing on the deed states 'rights of survivorship.' Thanks!

 

[justalayman]

Okay, I misspoke. The deed does not include the words 'joint tenants.' Nothing on the deed states 'rights of survivorship.' Thanks!

For it to be joint tenants it MUST state that on the deed.

That means 1/2 of the property belongs to his estate and as such due to be distributed to his heirs.

 

[justalayman]

One thing to add; probate will take at LEAST 4 months. The time requirements for posting legal notices and waiting for creditors to make claims takes four months. Then the actions of paying bills and determining the distribution of any assets can begin in earnest after that. If he did not bequeath his 1/2 of the house to anybody in particular it would be subject to liquidation if the equity is needed to pay estate debts (yes, I realize you said there were no debts. Just adding info). If it takes over 1 year the personal rep has to justify as to why it is taking more than 1 year.

If for some reason you are gifted the remaining half of the property be sure to obtain a representatives deed transferring the remisnder to you.