QUESTION
Will this quit claim deed be valid with only the notaries' signature?
Asked on Mar 31st, 2013 on Estate Planning - Michigan
More details to this question:
My mom died and had a quit claim deed in her filing cabinet naming herself, my brother and me as the grantee. It was never registered. It is signed and notorized but not witnessed. My mom had a will but her husband has did something with it. In her will she gave her husband a lifetime living arrangement with the property going to me and my brother. It has magically disappeared.
6 ANSWERS
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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It may be valid because Michigan law no longer requires a deed to be witnessed. This law changed in about the last 10 years. It will depend on whether the deed was signed before or after the law change.
Answered on Apr 02nd, 2013 at 12:46 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If it was notarized on or after 2005 or so then even without witnesses it should be valid. I believe that Michigan law changed in 2004 that required witnesses and notarization of deeds. However, I do not know remember the exact date.
Answered on Apr 02nd, 2013 at 12:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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In Michigan, a deed does not need to be witnessed. Depending on the title, the Will may not affect that, at all. On the other hand, Michigan has laws protecting spouses, so he does have some rights. You may need to sit down with an attorney to determine where you stand.
Answered on Apr 01st, 2013 at 11:51 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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In Michigan, the deed is required only to be notarized.
Answered on Apr 01st, 2013 at 11:29 PM
The deed should be recordable, assuming it was signed within the last 10 years or so. Sometime early in 2000's (2002 or 2004 I believe) the requirement for witnesses on deeds was dropped.
Answered on Apr 01st, 2013 at 10:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The Michigan the deed is normally sufficient was only a notary. Take the quit claim deed to the local county registrar of deeds and have it recorded after you have counseled attorney as to what the legal and tax ramifications of that action will be.
Answered on Apr 01st, 2013 at 10:29 PM