Jan. 13, 2026
Why You Should Not Prepare Your Own Deed
Learn why preparing your own deed transferring property can have unintended consequences.
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Well, good afternoon, Michiganders, and welcome back to Tuesday with
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Tom our first episode of twenty twenty six. Of course,
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we are Michigan's only podcast where we talk about a
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state planning, a state settlement, and all things good in
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this great state of Michigan. And as always I'm your host,
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Tom Doyle, a state planning attorney, lifelong Michigan resident, and
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your guide to planning for the future. Last episode of
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twenty twenty five, I discussed why your rental property should
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be owned by an LLC. So if you own rental
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property in your name or you're considering acquiring rental property,
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I encourage you listen to the last episode from twenty
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twenty five, in which I discuss and explain why you
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should consider having that rental property In n l LC
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Today's show, Why you should not prepare your own deed?
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Why you should not prepare your own deed. But please
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remember what I'm about to discuss is meant to be
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educational in an informative It is not legal advice. Every
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person's situation is different, so sure to talk with your
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attorney to figure out what is going to make sense
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for you and.
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Your estate plan.
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Okay, why you should not prepare your own deed. Well,
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this episode comes about because of a recent experience that
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Amanda and I had in working with a client who
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had a revocable living trust. That client's property that we
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are talking about had been transferred into that into that
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revocable living trust I'm sorry, revocable, not irrevocable by a
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deed that had already been recorded with the Register of
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Deeds Office when the client came back to us. The
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reason was the client he was looking at selling that
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property now and was working with a title company, and
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the title company was asking for an updated certificate of trust,
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which is normally what they're going to want from you
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when your trust owns property. That is a document that's
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going to confirm information that they need to know about
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the trust, who's the trustee, when was the trust created,
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et cetera, et cetera, and then that document will be
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recorded as part and parcel of that transaction. So we're
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looking at preparing this certificate of trust for the true
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trust concerning property that had been owned or was owned
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by the trust. Apparently, after the trust was created and
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after the property was transferred into the trust, the client
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wanted to in fact do what I talked about in
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last episode transfer the property apparently into ANLLC.
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He had an LLC. He wanted that LLC to own the.
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Property, but he decided that he would prepare his own deed.
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So he bought a deed form or downloaded up from
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the internet, not really sure where he acquired the deed form.
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He filled that deed form out with the legal discript
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of the property, et cetera, and the property, according to
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that deed, was being transferred into his LLC, and had
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that deed executed, had that deed recorded? The problem or
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the problem I guess that he did not realize when
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he did that, though, was that the deed that he
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prepared showed that the property was being transferred by himself
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to the LLC. Remember now, at the time he did
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that deed, the property had already been transferred into his trust.
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But now he's preparing a deed from himself to the LLC.
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Once that was done a number of years later, he
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decided that what he wanted to do now was to
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transfer that property to one of his children, So he
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took out his deed form again apparently looked at the
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deed form that he had done before had the appropriate
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legal description. So now he prepared a deed showing that
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the property was being conveyed by his LLLC to his daughter,
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and he had that deed recorded. So what did he
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just do through that entire process. Keep in mind that
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the property was owned by his trust at the time
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he prepared aired the deed conveying it supposedly from himself
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to his LLC. The problem was, he did not own
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it at the time he prepared his own deed. In fact,
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his trust owned it at the time he prepared his
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own deed.
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So now when the daughter was.
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Attempting to sell the property because she thought she owned it,
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because he prepared that second deed transferring it from the
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LLC to his daughter, discovered through the work of the
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title company that in fact she didn't own it. It
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was never conveyed to her because it could not be
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conveyed to the LLC because the client didn't own it
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when he did that transaction. So the property was still
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in fact owned by the trust. Now fortunately, fortunately the
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client was still alive, so for purposes of transferring the property,
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selling the property from his daughter to the new person,
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he because he was the trustee of his trust was
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able to have a certificate of trust prepared, was able
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to have the trust transfer the property, so that when
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it was all said and done, or when it will
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be all said and done, in fact, the individual that
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the daughter was transferring the property to, will now own it.
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But what if what.
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If the client had died in the meantime, So let's
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work our way through that. If the client had died
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in the meantime, it was his trust that still owned
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the property.
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It was not his LLC. It was not his daughter
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who thought.
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That she owned it. So now we would be going
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back and looking at the trust and looking at the
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distribution provisions under his trust. And lo and behold, when
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you looked at the distribution provisions under his trust, what.
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Did it say? It said that my estate.
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Everything that I own in the trust at the time
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of my death, will be distributed to my three children,
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not to my one daughter, but to my three children.
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What does that mean? Well, what that means has had
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he died in the meantime when we were settling the estate,
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the property would now be deeded out to the three children,
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not to the one daughter. And now you're going to
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get into the whole family dynamics of the two children.
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Are they going to agree to transfer their interest in
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the property that they have now received from their father
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to this individual that the one daughter wanted it transferred two.
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So there was.
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An incompatibility between the trust distribution and what the client
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thought he was doing when he made these various deeds.
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So now why did he do it? Well, it's probably
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why he did his own deeds. He decided that he
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didn't want to spend money on us or another attorney
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to prepare any new deeds. He figured he could do
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that himself. Apparently he had at some point in time
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in the past prepared a deed for different property than
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he had that he didn't own at the time the
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trust was created for him, So he just took it
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upon himself to say, well, I'm going to transfer it
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to my LLC, and the LLC he's going to transfer
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it to my daughter, not stopping to realize that in fact,
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the trust, by virtue of the deed that was prepared
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when the trust was created, in fact.
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Owned the property.
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So when you're dealing with your real estate, unless you
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know real estate, unless you involve yourself in real estate
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and understand and can look and say who owns it
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and what needs to be done in order to convey it.
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I encourage you, I would suggest to you, I would
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tell you you should not be preparing your own deed.
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What would have happened had the client come back to
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us and said to us, hey, I want to now
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transfer this property into an LLC. The conversation very much
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would have been around okay, but understand these are the
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steps they're going to be required. One first is we
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need to convey the property from the trust back to you.
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Then you can convey the property to your LLC. But
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he didn't do that. He decided to save money and
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he skipped that step, and fortunately for him, fortunately quite
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frankly for his daughter, who thought she owned the property
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and in fact was paying the property taxes on the
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property because she had filed a property transfer Affidavid showing
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that she was.
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The owner of it.
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Had he died, she would have had a potentially very
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complicated situation on her hand. So that's simply from this
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situation with this client an example of why you should
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not prepare your own deeds for real estate. Well, since
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that was based upon a recent situation that Amanda and
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I were involved in, today's episode.
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Is fairly brief, but it's very important.
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It's very important that you make sure that your real
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estate is done properly, and of course Amand and I
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would be honored to help with that. If you have
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real estate and you're looking at transferring that real estate,
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we would be happy to be working with you on
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that transfer to make sure that it.
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Is done properly.
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And of course, beyond that, Amand and I are here
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to help you protect the people you love, whether that
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means creating a new estate plan, updating and existing one,
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or guiding you through the estate planning process. We try
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and make it easy as easy as we can, understanding
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that it is legal work, but we try and make
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it easy for you, and that is convenient. To schedule
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an appointment, convenient to get started, simply head on over
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to our website Doyle LAWPC dot com. There you will
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find some options. There's a link that says schedule a consultation.
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When you click on that link, it's going to provide
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you with some options. Do you want in person appointments
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in either grind Rapids or Lancing And we've got two
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locations on grind Rapids, one on the East Side and
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one downtown, or do you want to consult with us
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virtually by zoom or phone. That way we can be
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of assistance to you wherever you are happen.
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To be in the state of Michigan.
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And of course reminder to if all you're looking for
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is one particular legal document, maybe all you're looking for
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is a new certificate of trust because your trust is
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involved in selling real estate.
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You can actually order.
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That document and several others online twenty four to seven
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through our legal store, which again is available at Doyle
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LAWPC dot com. And that is going to be a
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rap for today's show. But as always, if you have
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a comment, a question you'd like to have answer, or
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topic that you'd like me to cover in a future episode,
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head over to Tuesday with Tom dot com. You can
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leave me a voice message by clicking on the microphone,
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or you can always send me an email at Tom
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at Tuesday with Tom dot com. And so you don't
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miss an episode, be sure to follow follow the podcast
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We're on a number of channels such as Apple Podcasts, Spotify,
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can add that as another distribution channel so that you
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can continue to use the channel that you are.
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Most familiar with.
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Well, thanks again for spending part of your day with us,
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and until next times, have an excuse me, awesome day
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and an awesome week here in Michigan. Stay safe now.
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Tuesday with Tom has been brought to you by the
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estate planning attorneys at Doyle Law PC. To learn how
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we can help you with your estate plan or with
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settling a loved one's estate, please call us today at
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five one seven three two three seven three six that's
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five one seven, three two three seven three six six
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