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Deeds and Ownership

Ownership of real property is one of the most valuable legal rights. The method of documenting and transferring this ownership gives rise to the questions in this category.

5,024 Questions

How do you obtain an allodial title in Michigan?

In Michigan, obtaining an allodial title is a complex and challenging process. Allodial title refers to absolute ownership of real property, free from any superior landlord. To obtain an allodial title in Michigan, you would need to conduct extensive legal research, potentially file a quiet title action in court, and provide clear evidence of uninterrupted ownership and possession of the property. It is crucial to consult with a knowledgeable real estate attorney in Michigan to navigate this intricate legal process successfully.

How do you get a quitclaim deed notarized if grantors live in different states?

The deed should be drafted in the state where the land lies and then sent by registered mail or commercial currier to the grantor. The grantor must sign the deed in front of witnesses and a notary and return it the same way it was sent.

If there are several grantors, the deed should be drafted on one page (or however many pages are required) and the signature/witness/notary pages should each be self-contained. That way, each grantor could keep a copy of the deed they signed for their records and just return the signature page. Once all the signature pages have been returned signed, witnessed (if necessary) and notarized, they can be attached to an original copy of the deed and the deed should be recorded immediately.

This type of complex transaction should be handled by an attorney, or, by an extremely professional and organized agent who will handle it correctly, handle the distribution of the proceeds correctly and keep copies of all the checks and receipts for costs. The mail or currier fees will add up and there will be recording fees. Any fees should be deducted from the proceeds before they are distributed. A copy of the recorded deed should be sent upon request to any of the grantors.

What is the remainderman?

A remainderman is a person who inherits or is entitled to inherit property upon the termination of the estate of the former owner.[1] Usually, this occurs due to the death or termination of the former owner's life estate, but this can also occur due to a specific notation in a trust passing ownership from one person to another.

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How do you determine the value of mineral rights at the time of death of the owner?

The value of mineral rights at the time of death of the owner is typically determined by assessing factors such as the market value of the minerals, production potential, location, lease terms, and industry trends. It is recommended to consult with a professional appraiser or mineral rights specialist to accurately determine the value. The valuation process may also consider any existing leases or royalties associated with the mineral rights.