B.A., International Relations, James Madison College, Michigan State University. J.D., University of Michigan Law School, 1986. Practice concentrated in bankruptcy, commercial law, business law, workouts, real estate and complex situations.
A: A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the process of challenging the forged deed is too complex for me to outline in this response.
A: The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.
A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral rights. I do not know what you mean by "water rights". That phrase does not have a specific meaning under Michigan law as far as I know. There are a number of different rights that might be called "water rights".
The restriction purportedly placed on the property by your grandfather seems like an unreasonable restraint on alienation. See MCL 554.51.
Although a title company might
sort this out and insure title in your buyer, you may need to consult an attorney. An attorney would need to see the documents. ... Read More
A: This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires the consideration of a number of issues. You may wish to consult an attorney regarding your overall plan.