Does a quit claim deed affect a trust fund?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a quit claim deed affect a trust fund?
My common-law husband has all his posessions in a trust fund. As we live in Michigan, where a common-law marriage is not acknowleged, I asked him to sign a quit claim deed with joint tenantship and joined survivorship. As he would have lost the home to foreclosure if I hadn’t paid half of the mortagage for the past seven years, I want to be able to keep the home if something happens to him. He is now reluctant, as he thinks it will “mess up” his trust fund.
Asked on August 2, 2012 under Estate Planning, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
He may be right but more importantly, he may not be able to do as you ask legally. If the house is in the name of the trust the trustee is probably the only one who can sign the document. And one needs to see how the trust is structured in order to even know what your options are here. You seem to recognize that you will have no rights at all upon his death with out being legally married. I would start by recitfying that issue and then speaking with a lawyer about the others. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
He may be right but more importantly, he may not be able to do as you ask legally. If the house is in the name of the trust the trustee is probably the only one who can sign the document. And one needs to see how the trust is structured in order to even know what your options are here. You seem to recognize that you will have no rights at all upon his death with out being legally married. I would start by recitfying that issue and then speaking with a lawyer about the others. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.