my mother passed without a will in Detroit, Michigan. Their are 6 children as heirs. My mothers house is occupied by my sister. I want to transfer any rights/title to her via a quit claim deed. the other siblings want to do the same. what type of deed do i need and supporting doc and is there transfer tax involved?
State/Country relating to question: Michigan
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.The better way to do this would be through the probate process. Since you do not own the home yet (since the home has not gone through probate), there is no way to quit claim.In the probate process (you need to go through probate to transfer title) if all the siblings want to waive their inheritance, they can do so...that would accomplish the goal of transfer of title to the sister who lives in the home.
I'm confused. My brother has already filed in court and has waived his rights to the inheritance of this property. Im just trying to do the same.
Yes..you would file with the court that is probating the estate. It is not a quit claim deed, since you do not hold title you can not quit claim anything.But you can tell the administrator of the estate you waive your rights to any inheritance.
Their isn't an administer of the estate. It has not been filed in probate. i was informed that because the estate have very little value under $10K we do not need to file. Is this true?
It is true for a small estate in Michigan (worth less than $10K) you can do it by affidavit. But it still needs to go through the court and someone needs to administer it. The process is simple...there is no hearing...only an affidavit. But it does need to be filed through the court.THe clerk of the probate court can provide the forms (for the county where the home is located)
Estate Law Expert
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