Does a quit claim deed affect a trust fund?

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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 8 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 8 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.


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