• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Transfer of Quitclaim Deed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SueMe

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

My aunt passed away in 2007 without a will, leaving a house in her name. My mother is the special representative appointed through Probate Court. She wants to transfer ownership out of my aunt's name to my name and my brother's name. She does not want anything to do with the house. She has the Quitclaim Deed with my aunt's name on it. I went to Wayne County Register of Deeds for a copy of the Deed from the Title company, which my mother must present when she returns to Probate Court this month.

I telephoned a title company today and was told a probate attorney can do the transfer. What is title insurance, because she asked if that is what I wanted. I said no, we only wanted to transfer the deed out of our aunt's name and into ours. Please help, I do not want my mother to get sad and depressed again. Her sister and my aunt's death was hard enough. Please reply soon.
 


Ozark_Sophist

Senior Member
Title insurance protects the new owner from defects on title. The title company would research the property to identify any leins, judgements, or outstanding liablity on the house.
 

Dandy Don

Senior Member
So why would your mother accept appointment as special representative if she is too grieved to do the work? Probate IS going to be required simply because property is involved so if she doesn't want the responsibility she should decline and let someone else do it. Title insurance is well worth the expense.
 

nextwife

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

My aunt passed away in 2007 without a will, leaving a house in her name. My mother is the special representative appointed through Probate Court. She wants to transfer ownership out of my aunt's name to my name and my brother's name. She does not want anything to do with the house. She has the Quitclaim Deed with my aunt's name on it. I went to Wayne County Register of Deeds for a copy of the Deed from the Title company, which my mother must present when she returns to Probate Court this month.

I telephoned a title company today and was told a probate attorney can do the transfer. What is title insurance, because she asked if that is what I wanted. I said no, we only wanted to transfer the deed out of our aunt's name and into ours. Please help, I do not want my mother to get sad and depressed again. Her sister and my aunt's death was hard enough. Please reply soon.
Under what aspect of intestate Probate did Mom and you determine that YOU, and you alone, are entitled to receive this property? Are there any other heirs? Creditors? Mom can't just choose to provide an estate asset to HER child and ignore any other heirs that may also be entitled.

I'm not familiar with Michigan, but an estate property across the pond in WI is transferred via personal Representatives Deed, NOT a QC Deed.

Re: What is Title Insurance and why it's IMPORTANT:

http://www.firstam.com/content.cfm?id=2462

http://www.firstam.com/content.cfm?id=2468
 
Last edited:

HomeGuru

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

My aunt passed away in 2007 without a will, leaving a house in her name. My mother is the special representative appointed through Probate Court. She wants to transfer ownership out of my aunt's name to my name and my brother's name. She does not want anything to do with the house. She has the Quitclaim Deed with my aunt's name on it. I went to Wayne County Register of Deeds for a copy of the Deed from the Title company, which my mother must present when she returns to Probate Court this month.

I telephoned a title company today and was told a probate attorney can do the transfer. What is title insurance, because she asked if that is what I wanted. I said no, we only wanted to transfer the deed out of our aunt's name and into ours. Please help, I do not want my mother to get sad and depressed again. Her sister and my aunt's death was hard enough. Please reply soon.


**A: consult a probate attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top