[MI] When selling property as POA for a living parent, how should the grantors be listed if the other parent has died?

Lexi, Chatbot

I'm sorry to hear about your father’s passing and the challenges you're facing with the property. Can you confirm if the Power of Attorney you hold for your mother is still valid and applicable in this situation?

Lexi, Chatbot

Have you already consulted with any legal professionals regarding the specifics of the Quit Claim Deed and the requirements in Michigan?

Brandon

Hi there, and welcome. My name is Brandon, and I'm an attorney. I'll be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice. Please also note that I am human, that I often need to research your answer to give you an accurate response, and that I work with other customers and get up from time to time. So please be patient while waiting for a response. Please feel free to reach out if more than 30 minutes have passed.

What steps have you taken so far?

Brandon

The big picture first:

There are two key legal principles that control what you can and cannot do on this deed:

1. A power of attorney ends at death. Even if your POA for your father was valid and properly drafted, it stopped being effective the moment he passed away. So you cannot sign anything on his behalf now, and you cannot convey his interest in the property using a POA.
2. What happens to your father's share depends entirely on how title was held. If the deed says: “as tenants by the entirety,” or “as joint tenants with full rights of survivorship," the when your father passed away, his interest vanished by operation of law and Sheila became the sole owner.

In that case:

• You do not list your father as a grantor.
• You do not use a POA for your father.
• You do not attach the death certificate to the deed.

Instead, you record an Affidavit of Survivorship with a certified death certificate attached. Then prepare the new quitclaim deed listing:

• Grantor: [your mother's name], a widow
• Signed as: “[your mother's name], by [Your Name], her Attorney-in-Fact”

If the deed instead says “tenants in common,” then your father's half became part of his probate estate and must be handled through probate or  the small estate process in Michigan.

Before we go further — does the deed specify how they held title?

Brandon

The clean, likely path forward:

In most married-couple Michigan deeds, the wording is either “husband and wife” or “tenants by the entirety.” If that is what your parents’ deed says, then:

When your father passed away, his interest did not stay “alive” in the deed. By law, your mother became the sole owner automatically. (MCL § 557.81)

Therefore:

• Your POA for your father is legally irrelevant now.
• You do not list your father as a grantor.
• You do not sign for your father.
• You do not attach your father's death certificate to the deed itself.

Step 1: Record your mother's POA in Ontonagon County. Because you are signing the deed for her, Michigan wants your authority on public record.

Step 2: Record an Affidavit of Survivorship. (MI Comp L § 700.2901(g)). This affidavit:

• States they owned as tenants with survivorship rights
• States your has died
• States your mother is now sole owner
• Attach certified death certificate

Step 3: Prepare the quitclaim deed from your mother to buyer.

• Grantor: [your mother's name], a widow
• Signed: [your mother's name], by [Your Full Legal Name], her Attorney-in-Fact
• Michigan will accept your South Carolina notarization.

If the deed says “tenants in common,” then your father's half would require probate involvement. But confirm the wording first.

Brandon

Because the deed says “husband and wife as tenants by the entirety,” Michigan law treats this as follows:

When your father passed away, his interest ended automatically.
Your mother became sole owner by operation of law.
Your father's interest never went into probate as to this property.

You do not act for your father in this sale.

The deed should list only hour mother.

Two important recording steps:

1. Record Sheila’s POA in Ontonagon County.
2. Record an Affidavit of Survivorship with your father's certified death certificate attached.

Best practice sequence:

• Record POA
• Record Affidavit of Survivorship
• Buyer wires $35,000
• You sign and notarize quitclaim deed
• Record quitclaim deed

Additional details:

• Use the full legal description from prior deed (not just address).
• Michigan transfer tax will likely apply.
• Keep copies of everything (POA, affidavit, deed, wire confirmation).

I wish you the best.