Any Help on this would be APPRECIATED!!!

In 1990 my father and cousin purchased a home together in the state of michigan and the deed states as "joint tenants with full rights of survivorship" In 1991, my cousin quit-claimed his portion of the property to my grandfather. So does the joint tenants w/ survivorship clause now remain between my father and grandfather now or has this quit claim that was done without my father's consent turned this into a common tenency situation??? My father has maintained the property, paid all property taxes and insurance for the property and gives the rental income to my grandfather every month.

I am trying to figure this out because my grandfather is trying to draft a will so that he can split his assets. Can my dad stop this??? Can my grandfather legally give his half to anyone? Will this have to go to probate

Interesting question. Your cousin transfered 'his portion' which means his interest. Whatever interest your cousin held (and that interest was held as a joint tenant) was then passed to your grandfather. On that basis I would say that your grandfather holds his interest as a joint tenant.

I suspect that your cousin or grandfather registered the Quit Claim and a new title deed was issued. You should get a copy of the title and this will tell how ownership is specified on record.

As you are aware, if title remains as joint tenancy then on your grandfather's passing his interest would automatically go to the surviving joint tenant despite any provisions in a Will saying otherwise.

We talk more about Joint Tenancy on our website if your interested. Hope this helps.

Steve @ www.buyingahouseandsavingmoney.com

I did obtain a copy of the quit claim deed and nothing else is mentioned on it other than

these terms:

my cousin's name quit claims to my grandfather the following premises and the address of the property.


Will there be another deed issued after this????

There is no mention of my father anywhere on the quit claim deed at all.

There should be if the Quit Claim was registered. You may need the services of a title search company if you are not able to search your land registry yourself.

Steve @ www.buyingahouseandsavingmoney.com