08/28/2026
The Silent Deed Problem
📄 A deed was signed thirty years ago. Joint tenancy between a husband and wife. But the deed never stated whether the joint tenancy included the right of survivorship.
😳 The husband died. The wife assumed the house was hers. Her attorney assumed the same thing.
⚖️ The title company disagreed. Without an explicit right of survivorship written into the deed, Michigan law treats joint tenancy differently than most people expect. The house may not transfer automatically. Probate may be required. And probate means court, costs, time, and exposure to creditors — including Medicaid.
💡 This isn't a hypothetical. It's a recurring problem in Michigan real estate that David Carrier calls "Keystone Kop Planning" — well-intentioned decisions that create chaos because one small detail was missed or assumed rather than specified.
📋 Words matter in legal documents. Every word. A deed that says "joint tenancy" and a deed that says "joint tenancy with full rights of survivorship" are not the same document. The difference can cost thousands of dollars and months of court time to untangle.
✅ If you own property with another person — a spouse, a sibling, a child — and you have not reviewed the exact language on that deed recently, that review is worth doing. What you assume it says and what it actually says may not be the same thing.
If you have questions about estate planning, caregiver/long-term care, probate, Medicaid, or family trusts, and want to understand more, we’re here to help. Please feel free to check out our homepage (https://davidcarrierlaw.com/) to learn more, and share your questions or thoughts with our AI chat agent created and trained to provide clarity, ideas, and direction to help you.
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