When 2 or More People Own Michigan Real Estate (Episode #279)

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Well, good afternoon, Michigander.
It is Tuesday, May second, twenty

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twenty three, and of course this
is Tuesday with Tom, Michigan's only weekly

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podcast where we do answer your questions
about a state planning and a state settlement

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in Michigan, and we don't send
you a bill. As always, I'm

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your host, Tom Doyle, the
state Planning attorney, lifelong Michigan resident,

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and an ambassador for all good things
in this great state of Michigan. Welcome

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to today's program. We're looking at
last week's episode. I had a theme

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that was going on for a couple
of weeks about rejecting an inheritance. Last

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week's episode I talked about six reasons
or six times that you might want to

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consider rejecting and inheritance. So if
you want to know more about how you

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reject an inheritance or why you might
consider it, I would invite you to

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listen to the last couple episodes of
our podcast. Today's show, I'm going

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to talk a little about real estate
today and how people can own real estate

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and today's so today's program is when
two or more people own Michigan real estate.

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But please remember that what I'm about
to do discuss as always is for

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educational purposes only. It is not
intended to be legal advice. You need

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to work with your attorney to determine
what is appropriate for you and your estate

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plan when two or more people own
Michigan real estate, So when we have

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multiple owners of real estate and Michigan, we need to understand that there are

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a number of different ways that multiple
people can own Michigan real estate. So

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that's what we're going to spend a
little time talking about those. One of

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the those ways is what we call
tenants in common. So let's say my

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brother and I own Michigan real estate
and we own it as tenants in common.

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What does that mean? That basically
means, in that case, if

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there's two of us, we each
unless a deed discuss identifies differently, we

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each have a one half interest in
the property. Now we could adjust that.

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We could have a deed that perhaps
gives me a seventy five percent interest

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in the property and my brother are
twenty five percent, but we each have

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a particular interest in the property,
and if the deed doesn't say otherwise,

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it's going to be an equal interest
in the property. If I die as

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a tenant in common. My interest
in the property is part of my estate,

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so it can be transfer It can
be transferred via a will. If

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I don't have a will, it'll
be subject to interstate succession. If I'm

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looking at putting together, perhaps an
estate plan that's going to include a living

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trust, I can convey my interest
in that property that I own as a

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tenants in common into my living trust. Basically, there is no right of

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survivorship. It's simply mine. I
can do with it as I wish,

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as can my brother. My brother
can sell his interest in that property.

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It would be part of his estate
if he still owns it at the time

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of his death. He could in
fact sell that interest to anybody that he

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wanted to sell his interest to if
they were willing to buy it. And

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I would now be stuck, if
you will, being an owner of real

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estate with somebody else. So that's
a way that tenants in common work.

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And if two or more people in
the state of Michigan own real estate,

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and the deed does not define differently, and the people are not married,

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so if they are single people and
they simply have a deed that conveys property

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to two people or more, under
Michigan law, it will be interpreted as

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being tenants in common. So again, take my brother and I. We

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obtain a deed to property that says
to Thomas Say Doyle and Patrick Doyle,

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and it doesn't define it differently,
we will be taking that property as tenants

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in common. A second way for
multiple people to own property in the state

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of Michigan is what's called joint tenants
joint tenants. Now, that joint tenancy

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has to be specifically stated inside the
deed in which the ownership of the property

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is created. Why because I just
noted if it doesn't state it in the

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deed, and if we're not married, it's going to be tenants in common.

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So if we want it to be
joint tenants, it has to be

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stated in the conveyance the deed that
would create that joint tenants, and it's

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going to say something like as joint
tenants, or it might even say as

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joint tenants and not as tenants in
common. But it has to be specifically

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indicated inside the deed. Now,
what's the difference. If my brother and

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I use that example again, my
brother and I own property as joint tenants,

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then I can convey my interest in
that real estate to somebody else,

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and when I do that, it's
going to now create tenants in common between

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the person I conveyed the property to
and my brother. So essentially I'm extinguishing

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the joint tenancy when I convey the
property to somebody else. Essentially the concept

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is as a joint tenancy, we
each own an interest in the property,

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but we can convey that property to
somebody else. However, there is a

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right of survivorship. So if when
I die, I haven't conveyed that interest,

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my brother will then own one hundred
percent of the real estate. So

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I can, if you will,
disjoin the joint tenancy by conveying the property

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to somebody else, and end up
creating a tenants in common, again with

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the interest of each person being able
to be as part of their individual estates,

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not as common. We don't find
a lot of ownership out there as

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joint tenants. What we are likely
more likely going to find ownership is going

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to be what we call joint tenants
with full rights of survivorship. And that's

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what the deed would say. The
deed would say joint tenancy with full rights

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as survivorship. Because again, if
it's silent and we're not married. It's

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going to be tenants in common if
it says as joint tenants or as joint

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tenants, and not as tenants in
common. It is not going to be

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joint tenants with full rights of survivorship
unless the deed says that it is joint

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tenants with full rights of survivorship.
Now, what's the difference. The difference

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is is that joint tenancy with full
rights survivorship can't be severed by only one

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of the joint tenants. So again, take my brother and I. Let's

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say we own real estate as joint
tenants with rights as survivorship. What does

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that mean. It means if when
I die, it's his, or if

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he dies first, it's mine,
and I can't get rid of that survivorship.

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Unlike that joint tenant where I could
convey the property somebody else, which

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would turn it into a tenants in
common, where there would not be any

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survivorship rights of my brother, joint
tenants with full rights as survivorship, I

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cannot extinguish his right to receive the
property at the time of my death.

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I can't do that on my own. It would take both of us to

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do that. Now, a joint
tenant with full rights survivorship can convey their

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interest to a third party, but
when they do that, that third party

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is now going to be a joint
tenant with full rights of survivorship. So

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it still is not creating a tenants
in common where somebody to do anything that

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they want to do with their property. It still is going to be joint

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tenants with full rights of survivorship.
So unmarried people generally, we're going to

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be looking at either tenants in common
where each person has their own interests in

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the property, joint tenants where there's
going to be some rights of survivorship but

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that could be eliminated by one of
the joint owners, or joint tenants with

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full rights of survivorship where the survivorship
rights cannot be terminated by any one of

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the parties. Now, all of
these ownership tenants and common joint tenants,

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joint tenants and full rights advivorship,
they don't necessarily have to be equal.

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They could be unequal amounts, although
the joint tenants with full rights drivorship wouldn't

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ever be an unweak equal amount,
if you will, because of the survivorship

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and the same thing with joint tenants. So if you're looking at owning property

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with somebody that you're not married to, and you don't want it to be

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a fifty fifty, normally that's going
to be accomplished by having the ownership as

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tenants in common. Now, what
about married people? Married people a little

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bit different. For married people,
if the deed indicates that they are married,

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then the deed will be interpreted as
owning what we call tenancy by the

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entireties, tendancy by the entire think
of it as an enhanced joint tenants with

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full rights of survivorship. And what
is that. Well, unlike joint tenants

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with full rights of survivorship, property
that's owned as tenants by the entireties,

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one of the owners cannot convey their
interest to a third party. So with

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a married couple who owns real estate
as tenants by the entireties, either of

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the spouses cannot convey their interest in
the property to somebody else. That's because

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the law interprets them as each owning
one hundred percent of the property, just

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like joint tenants with rights of survivorship. Though when one of the spouses dies,

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the other spouse will in fact own
the interest of their deceased spouse,

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so there's no probate involved, which
is why commonly married people are going to

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own the real estate as tenants by
the entireties. That avoids probate when the

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first of them dies and neither of
the married people can convey their interest in

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that property to another person. Again, if you're married in the state of

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Michigan and the deed indicates that you're
married, it will be interpreted as owning

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the property as tenancy by the entireties. Now, because neither party, neither

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of the married people can convey their
property to somebody else, that also creates

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a very unique protection from creditors.
And that is this, if let's say

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one of the married people has an
automobile accident and get sued and there's a

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large judgment entered against them, and
somebody wants to collect that judgment against what

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that person owns, they cannot.
They cannot collect that judgment against real estate

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that is owned by tenants by the
entireties in the state of Michigan. So

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it has a unique protection from creditors, which is why, in addition to

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the right to have the property convey
at the time of death without going through

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probate. There is an important protection
that that property has from creditors, and

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what you have to be careful of
is sometimes when you're looking at as part

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of an estate plan, you might
be considering taking estate that you and your

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spouse jointly owned and disjoining it.
Maybe you're going to each have individual trusts

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and you've got jointly owned real estate, and what you want to do is

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put a half interest of that real
estate in each of your trusts. Understand,

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when you do that, you are
disjoining, eliminating that tendency by the

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entireties, and as a result of
that, you are giving up that unique

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protection from creditors. And that leads
us to another conversation that Amanda and I

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always have with clients when we start
talking about owning cars. If spouses own

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cars jointly and one of them gets
an automobile accident and somebody is now going

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to sue because of the injuries they
sustained in that accident, they're going to

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sue both spouses. They're going to
sue one spouse as the owner, one

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spouse as the operator, and if
they get a judgment, they will get

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a judgment against both spouses, and
whenever you can get a judgment against both

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spouses, this unique protection from creditors
does not apply because the judgment is against

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both spouses. So the creditor could
go after the real estate that is owned

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by both spouses. Which is why
you will hear a man and I say

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to people, don't jointly own your
cars with your spouse in order to keep

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that protection from creditors. We don't
want to set up situations where there is

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the possibility that someone will be able
to obtain a joint judgment against spouses.

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And the most likely where that's going
to happen is with a motor vehicle.

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Now, creditors can let's go back
and look at it. Creditors can go

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after your interest. If you own
property as a tenant in common, they

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can go after your interest, require
your interests to be sold in order to

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pay off their claim. They can
go after your interest as a joint tenant,

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all right, because again you could
convey your interest in that property and

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turn out to be tenants in common. But it is this very unique protection

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for married people in the state of
Michigan that tenants by the entireties provides that

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you need to be aware of that, and if you can, you normally

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want to protect that. Now,
that's one of the reasons that many of

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us today when we're putting together,
let's say, a joint trust for married

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people, and we're now going to
transfer real estate into that joint trust so

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that it doesn't have to go through
probate, so they'll be controlled by the

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terms of the trust. Many of
us today are using a Ladybird deed,

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and I've had other episodes of this
program about Ladybird deeds, because by using

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a Ladybird deed, we are able
to keep that ownership as tenants by the

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entireties while both spouses are still alive, where As if today we simply had

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a deed and we transfer the ownership
of the property today into that trust,

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we would be giving up that protection
that those spouses enjoyed as tenants by the

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entireties. So again, if you're
looking at having a joint trust as part

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of your state plan, and you're
going to be transferring real estate into it,

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understand the importance of owning that property
as tenants by the entirety's husband and

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wife, and understand what you're giving
up if you, in fact transfer that

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property today as opposed to perhaps using
a ladybird that would maintain that joint maintain

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that tenants by the entireties, which
maintains that protection while both spouses are alive.

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Many times, many times when clients
come to talk to Amanda and I,

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they will say something to us,
well, you know, my mom

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died, my dad died, some
relative died, and they left us my

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siblings and I maybe I've got five
different siblings and they left us their real

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estate and we own it jointly.
Well, the one thing that Amanda and

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I are both going to be insist
upon is we want to see the deed

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that defines how you in fact own
that property, because in many, many

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cases, people think that they own
it jointly with some rights of survivorship,

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when in fact they only own it
as tenants in common. Or conversely,

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they think they own it as tenants
in common and it turns out that they

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don't own it as tenants in common, and that ownership and that property then

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obviously can impact what they can do
in putting together their own estate plans.

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So it's important to know how you
own real estate with somebody else, so

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that you know what your rights are
relative to that real estate, be it

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to inherit that property from the other
owners and or to be able to do

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something with that property as part of
your own estate plan. Bottom line,

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when two or more people own Michigan
real estate, because there are different ways

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for that real estate to be owned, you need to understand how you actually

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own it and what the rights that
you have now in that real estate are.

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If you have any questions about your
ownership of that real estate, certainly

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something that amand and I am working
with, you can, by virtue of

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reviewing your deeds, make a determination
and explain to how it is that you

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actually own that real estate. Of
course, in addition to simply helping answer

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your question about how you own real
estate, A man and I would be

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honored to have the opportunity to help
you protect your loved ones by putting together

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state plan, perhaps amending a plan
that you already have, or certainly assisting

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you and settling a loved one and
su State and I recommend that you simply

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visit our website, which is DOI
LAWPC dot com. At the website,

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you're going to find information on how
to schedule an appointment with this whether that's

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going to be a zoom call,
telephone call, or a consultation in the

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office. We also have at our
website we're Legal Store. There you have

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the ability to order individual documents.
Perhaps all you need is an updated certificate

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of trust. You can order that
certificate of trust through the Legal Store so

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that it can be prepared and delivered
to you electronically. So again, DOILAWPC

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dot com is where you're going to
find all that information about that and how

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to schedule a consultation with our office. And that's going to be it for

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today show. As always. Oh, if you have a comment about the

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program, a topic that you would
like to have me discuss, questions that

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you'd like to have answered, please
send me an email Tom at Tuesday with

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Tom dot Tuesday with toom dot com. Please follow us too on Facebook.

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Invite your friends and family to follow
us as well that we'd be Tuesday with

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Tom at Facebook. Also the office
is Doyle Law PC on Facebook as well.

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Of course, a program is available
probably anywhere that you choose to listen

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to your podcast be at Apple Podcast, Spotify, Google Podcast, iHeartRadio,

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Spreaker, wherever it is. There
are many many channels out there for listening

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to podcast and we are likely you
will likely find Tuesday with Tom at your

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favorite podcast service. You can also
all always ask your smart speaker to play

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Tuesday with Todd. Well, thank
you again for spending some of your time

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with us today. As always,
I hope that you have an awesome day

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and an awesome week in Michigan.
Stay safe. Tuesday with Tom has been

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brought to you by the estate planning
attorneys at Doyle Law PC. To learn

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how we can help you with your
estate plan or with settling a loved ones

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estate, please call us today at
five one seven three two three seven three

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six six. That's five one seven
three two three seven three six six