My father quit claimed his home to his father, and minor children (myself and brother) without our knowledge at the time. After his death, my grandfather took us to a lawyer and quit-claim himself, leaving myself and brother on the deed (age 20 & 21). I have been living there ever since, and continued to pay the mortgage monthly for 7 years, never notifying the bank of his death. The taxes and insurance are in my name.

Now, I'm newly married and we'd like to sell the property and move. In 1.5 weeks, my brother is moving across the country, and his name is still on the deed. Will this cause a legal problem when I proceed with a sale?
Will I encounter any problems from the bank for not disclosing my father's death? I pay an "escrow" with the account, but I'm unsure what that's for.
I would like to adjust the deed to reflect my new last name; would I contact a lawyer to do this?

I'm really nervous and unsure as to what could happen, so any help would be greatly appreciated.

Thank you so much for your time.
~Nicole

(p.s. If it helps, I'm in Michigan)

First the "escrow" is so the bank can pay the taxes and insurance. Many mortgage lenders require that they make the payments to insure the borrower doesn't forget and the property goes ina tax sale or is not protected by insurance.

Second, I think you need to contact a real estate lawyer to untangle this. Theorectically, the transfer of property should not have been done without the bank's approval because of the lien they had on the property. I'm wondering if the quit claim deeds were recorded properly because of that. Though you say the taxes are in your name.

As for your brother's interest, I would suggest that he give you a limited Power of Attorney to act in his behalf with respect to the sale of the property. This way he doesn't have to be involved in the closing.

Another aspect of this is the tax implications of the gift of the home. Because that's what it was. By deeding the property to his father and children, he gave each of you a gift of your share of the property. Your grandfather then gifted his share. So what your tax basis is on the home is going to require a CPA to calculate.

This is a really stupid question, but:

Is a "Probate & Estate" lawyer the same as a "real estate" lawyer?

Thanks

Quote:

---

Originally Posted by LearningAsIGo

This is a really stupid question, but:

Is a "Probate & Estate" lawyer the same as a "real estate" lawyer??

thanks

---

They actually are quite different. A Probate lawyer can help you get a Will through Probate and notify the appropriate entities of the deceased, etc. A Probate lawyer won't necessarily know how to get a Title cleared or do an Escrow for the Purchase of a house.

A Real Estate lawyer can help with the Purchase or Sale of a property and get "clear title" through a Quiet Title Action if the Title is "clouded" (For instance, if a relative used to be on Title but improperly was removed or is now deceased.) But, he won't necessarily know the proper procedure for Probating an estate.

Thank you both, this has been really helpful. :)