QUESTION
How do I write it on the quit claim deed?
Asked on Sep 14th, 2013 on Estate Planning - Michigan
More details to this question:
I am writing a quit claim deed to my aunt to give her a cemetery plot but I don't want her to sell it unless discussed by me or family.
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can't give her the property and then restrict her right to dispose of it.
Answered on Oct 31st, 2013 at 3:42 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You should seek the assistance of counsel in preparing this "quitclaim deed." You could also place the plot in a trust and let the trustee handle the situation at the appropriate time.
Answered on Oct 02nd, 2013 at 8:25 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services a lawyer in real estate matters to write the deed properly to express your reservations and restrictions on future transfer of the plot.
Answered on Sep 17th, 2013 at 7:14 PM
Thomas Edward Gates
You cannot put this restriction on the Quit Claim Deed. You either give it outright or not at all.
Answered on Sep 17th, 2013 at 12:02 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You can't do it. Restraints on alienation are not favored.
Answered on Sep 17th, 2013 at 12:01 PM
2 Awards
You cannot quitclaim with conditions. It is either hers or it isn't.
Answered on Sep 17th, 2013 at 10:35 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You cannot do this. It is completely possible that a quit claim deed will not work at all, for this asset. Cemetery plots are considered to be personal property and not real property. You need to contact the cemetery before doing anything else, and find out from them what form of document they will accept. They may even have a form for you to use. As for restrictions on the transfer, you may or may not be able to do that. Again, the cemetery is the first place to check. What you are trying to do is make a conditional transfer. They may or may not allow that.
Answered on Sep 17th, 2013 at 10:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, I guess a life estate is out of the question. I suppose you could try to put in language like, "Quit claim deed to aunt only and she covenants not to sell the property." Putting in a restriction to talk it over with you is just too complicated.
Answered on Sep 17th, 2013 at 10:30 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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If you quitclaim the property, you have given up the right to impose this condition. If you want to make sure they have to consult with you before selling it, you should have the property owned by a trust. An experienced estate planning attorney can help you do this.
Answered on Sep 17th, 2013 at 9:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Then a quit claim deed is not good enough as once it is transferred to her she can do whatever she wants or needs.
Answered on Sep 17th, 2013 at 8:54 AM