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I live and have a home in Michigan which I want to use a…

Customer Question
I live and have...

I live and have a home in Michigan which I want to use a ladybird deed to transfer it to my 4 children when I die unless I sell it first. I have land in N. Dak that I also want to leave to them upon my death. They do not honor the ladybird. What and how do I accomplish this?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

North Dakota

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 13 minutes by:
2/6/2018
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago
Michael Bradley
Category: Real Estate Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

lets focus on the ND property

how is it titled on the deed?

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Customer reply replied 2 months ago
It is land my mother left to us and is owned by 6 children in equal shares
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago

so it is in the names of you and your 5 siblings?

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Customer reply replied 2 months ago
I want to leave my share to my children upon my death without it going to probate.
I live in Michigan and the land is in N. Dak.
Customer reply replied 2 months ago
This is farm land that produces income
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago

you could transfer your interest to you and your children as joint tenants with the right of survivorship so, in essence, the last one standing

takes your entire share. That would keep it out of probate

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Customer reply replied 2 months ago
I do not want that, my 4 children have children. each one should be able to pass it on to there children
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago

do you want to keep control over the land?

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Customer reply replied 2 months ago
Do I have to work with two lawyers one in Mi. and one in N.D. I tried to write a will and the lawyer wouldn't touch the land in Mich. Told me I had to work with a lawyer in N. Dak.
Customer reply replied 2 months ago
until my death
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago

to do a will I would use MI lawyer since that is where you live

if you want to do anything with the land then I would suggest using a ND attorney

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Customer reply replied 2 months ago
What do I request the N. Dak lawyer do. The Mi lawyer would not put the land in my will?
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago

to control the land until your death and keeping control

you could set up a living trust which would take it out of your name to the living trust's name and you can use

and enjoy the use and income and then when you pass it would stay in the trust and the beneficiaries can be your children

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Customer reply replied 2 months ago
Do I set this trust up in Mi. or N. Dak?
Real Estate Lawyer: Michael Bradley,
 replied 2 months ago

MI and then you would need to do a deed change to transfer your interest from you to the trust that is set up

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Customer reply replied 2 months ago
Thank you
Customer reply replied 2 months ago
Thank you
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