How and Why You Can Have Year-End Taxes on Mutual Funds

How and Why You Can Have Year-End Taxes on Mutual Funds

The new year is here and that means it’s time to start collecting tax forms for your tax preparer. Some forms might show taxable income on one or more of your mutual funds. This comes in the form of a 1099 showing year-end capital gains and taxable dividends. A higher-than-expected tax bill is not uncommon for committed investors. Here’s why:

A “mutual fund” is managed by one or more investment managers and that entails buying and selling various stocks and bonds to carry out the fund’s strategy. Buying and selling decisions can be based on several factors, including risk avoidance or simply rebalancing the fund according to its overall objective. The buying and selling can take place several times throughout the year within the fund itself. An investment that is sold for a gain within the mutual fund creates a profit. By law, mutual funds MUST distribute the net gains to investors by the end of the year.

Investor redemptions can also trigger capital gains. If enough investors, or their financial advisors, need to sell all or a portion of the fund for cash needs, the mutual fund managers often must sell some investments within the fund to raise the cash needed to pay out to the investors. Any gains resulting from the sale must be distributed out to investors by year’s end.

As a result of the factors above, sometime in December most mutual funds issue year-end capital gains distributions to investors, which have to be listed on the investor’s tax return if the fund was held in an after-tax brokerage account. Mutual funds held in tax-deferred retirement plans like IRAs and 401ks do not carry out taxes each year to the investors. Instead, the investor pays taxes on tax-deferred accounts only when they make a withdrawal from the IRA or 401k.

In some ways, the whole mutual fund tax issue falls under the “good problem to have” category because taxes mean the fund likely did well for the year (but not always). With the gains of 2025, be prepared for the fact that you will likely see a 1099 on your after-tax brokerage account that lists taxable gain and dividends, even if you held on to the fund for the whole year. Now you know why.

Fun Fact: The first real mutual fund was the Massachusetts Investor Trust (MITTX) which was started on March 21, 1924. A $1,000 investment in the fund in 1924 would be worth $7,067,000 today.

Does it Really Take $5 Million to Achieve the American Dream?

Does it Really Take $5 Million to Achieve the American Dream?

I came across an interesting article last week in USA Today referencing a survey done by the online platform Investopedia. As that name suggests, Investopedia is encyclopedic in terms of the various financial topics it delves into. They went out to answer the question “What does it take to achieve the basic American dream?” They asked 1,263 adults to identify goals that they associate with the American dream and most came up with these eight categories:

  1. Retire comfortably.
  2. Afford quality healthcare.
  3. Own a home.
  4. Raise a family.
  5. Own a new car.
  6. Take an annual vacation.
  7. Care for pets.
  8. Have a wedding.

The folks at Investopedia then attempted to tabulate the lifetime costs of each goal, looking at data from federal agencies, think tanks and industry groups. Based on that research here are the lifetime costs associated with each goal, from largest to smallest:

  1. Retirement: $1.6 million.
  2. Owning a home: $957,594.
  3. Owning a new car: $900,346.
  4. Raising two children and paying for college: $876,092.
  5. Healthcare: $414,208.
  6. Annual vacations: $180,621.
  7. Pets: $39,381.
  8. Wedding: $38,200.

If you add all those up, you get $5,043,323 needed over your lifetime to achieve “the American Dream.” USA Today goes on to point out that the average American with a bachelor’s degree earns roughly $2.8 million over his or her career. Wow, those two numbers don’t add up well. And the costs are going up. Over just the last year the lifetime cost for purchasing and maintaining new cars went up by about $88,000 while the lifetime homeownership cost went up by about $28,000.

Before you fret too much for yourself or your kids, be aware that there is some controversy associated with this study. Some experts believe that the numbers above are those enjoyed by the top 10% of income earners and that everyone else can achieve their dreams at a lower cost. I still think that the numbers above serve as good reminders of just how much of a financial commitment goes into enjoying the life to which many of us aspire. Keep the faith, you can achieve the American dream if you haven’t already.

Fun fact: As we usher in the new year you should know that 2026 will actually have 53 weeks instead of 52. That’s according to the ISO standard which counts week starting on Monday and ending on Sunday. The extra week is occurring because January 1, 2026, fell on a Thursday making the year contain 365 days but more than 52 Monday to Sunday cycles.

107, 104 and 82

107, 104 and 82

The three numbers above seem arbitrary. They’re relatively small if you’re talking about dollars and cents. But what if I told you the first number (107) is the age of a new client (I’ll call her Lena for privacy’s sake) I met just before Christmas; the second number (104) was the age of Lena’s husband who died several weeks ago; and the third number (82) is the number of years they had been married at the time of the husband’s death. Just to give you more context, the longest marriage in the US lasted 83 years and the longest marriage anywhere on record is 86 years. When my assistant, Cindy, gave me the detailed phone message, I thought it was a hoax.

I was told that despite being a little hard of hearing (primarily based on her refusal to wear one of her two hearing aids), Lena was clear thinking and somewhat self-sufficient. She and her husband lived alone together in a two-story colonial up until his death. Sure enough, the person I met was a little slow of gate and a bit hard of hearing, but she followed along, asked good questions and was dressed to a T as well!

I learned some amazing things about Lena and her family. Including:

  1. She and her husband played golf until he was 100 and even drove to Myrtle Beach annually to get in some golf rounds.
  2. She and her sister (still alive at 102) were both original Rosie the Riveters, working in General Motors plants in Detroit making military equipment during WWII.
  3. I found nothing particularly unique about her lifestyle. She was very social as was her husband, and they enjoyed an occasional cocktail and travelled extensively.

She never complained in my office or got fidgety during the hour-long session. Heck, she didn’t even need to use the bathroom after the meeting (unlike me, lol). And she told me she was as surprised as anyone by the length of her life.

Opportunities for me to cross paths with unique people like Lena are what makes my practice worthwhile. I’ve heard and witnessed great stories of commitment, perseverance, and compassion over my decades of estate and financial planning. If you’re reading this then we’ve likely sat down in my office several times over the years to “get things in order.” You, too, have given me a story, however large or small, that encouraged and/or inspired me. Thank you!

P.S. As I finished writing this it dawned on me that this could be taken as my “farewell” message. No way! I recently emblazoned three numbers in my head – 107, 104 and 82. See you soon!

Fun Fact: Rosie the Riveter wasn’t a single real person, but an iconic symbol for the millions of American women who worked in factories and shipyards during World War II, producing munitions and war supplies, with several real women inspiring the image, most notably Naomi Parker Fraley, whose photo became the basis for the famous “We Can Do It!” poster. Naomi lived to age 96.

(Almost) Everything is Negotiable

(Almost) Everything is Negotiable

As a young lawyer I worked at the Oakland County prosecutor’s office. I had a good friend in the office by the name of Paul. He was a big Italian kid, played football at Hillsdale College and had a low gravelly voice straight out of a Mafia movie. I learned two things from Paul: use ice cold water when you make coffee (he was a connoisseur) and never forget that you can negotiate the price of just about anything.

The first time it happened it was somewhat of a shock. Paul and I were on a lunch break at a shopping mall near the courthouse looking at shoes. The price was clearly listed but when the salesperson came up, Paul slowly and calmly began to work down the price. After I watched Paul do this in several different situations, I came to realize that just about anything is negotiable.

Now, I will confess, in my younger days I could take it too far. My wife still likes to remind me about the time that I was trying to negotiate the price of a kitchen table at a furniture store. When the salesman said he could go no lower I whispered to her “let’s head for the door, they’ll stop us before we get out.” Nothing happened and out we went…without the table. I didn’t tell Paul about that one.

The cost of negotiation is in time and energy, which some people would rather avoid. But too often people hear the price and think that’s the end of the conversation. In most instances you can, in a very polite and non-stressful way, probe for a little better deal. Remember the rule: the worst they can say is no. Here are some items worth trying to negotiate:

Rent: The advertised rent of an apartment is what the landlord hopes to get. It never hurts to work for a lower amount by showing market averages or considering a longer lease. My clients who are landlords tell me that they will give reduced rent in return for people that they think will take good care of things and will make a long-term commitment.

Medical bills: People get a complicated looking bill in the mail and think that’s the end of the discussion. That’s not necessarily the case. Simply indicating that you can afford to pay immediately if they lower the price sometimes does wonders.

Subscription services: Companies providing subscription services for cell phones, cable and even XM radio don’t want you to leave. If you shop the competition and go back to your current provider with the idea that you’re thinking of leaving, you’ll be amazed on how flexible they can be in changing your bill.

Airline miles: One of my sons came home last weekend from Chicago on a Delta flight. It was the second time in a row that his flight was delayed. He went to the front desk and explained how much trouble the delay caused (twice) and was initially offered 3,000 Delta miles for his troubles. He tells me he conveyed his appreciation and told the person he thought more miles were in order based on the length of the delay. Sure enough after the attendant talked to her manager he left with 10,000 Delta miles. No yelling, just a little persistence.

Negotiating prices is out of many people’s comfort zone. You don’t have to be aggressive or disrespectful to be effective. In fact, the nicer and calmer you are the better your chances of getting someone to give you some special treatment. Just be careful in furniture stores 😊.

Fun Fact: Speaking of negotiation, a guy named Ron Cobb was hired by Steven Spielberg to direct a sequel to Close Encounters of the Third Kind, called Night Skies. Eventually, Spielberg took over the directing and changed the name to E. T. Ron Cobb was able to negotiate a single percentage point from Spielberg’s share of the deal. Based on E.T.’s success, Cobb’s first check was for over $1 million, and he continued to get checks until his death in 2020.

Three Quick Ones and a Cold Fact

Three Quick Ones and a Cold Fact

I usually stick to one topic in my Up Early emails, but today I’m going to try a quick hit on three topics I’ve run across lately.

Inherited IRAs: IRAs you create yourself have one set of distribution rules. IRAs you inherit as a beneficiary have a completely different set of rules that you need to know. Most people who inherited an IRA in 2020 or later have to withdraw the full IRA balance (and pay taxes) within 10 years of the death of the original owner. You can’t wait until you are in your 70s to start to withdraw, and depending on the age of the original owner at death, you might also have Required Minimum Distributions every year up until full withdrawal in year 10. There are some very complicated exceptions to the rule above so check with your estate planning attorney, financial planner, accountant and/or the financial institution holding the inherited IRA. The RMD deadline for 2025 is fast approaching.

Gift Card Planning: According to research by Bankrate, the average American has $244 of unused gift card balances. There are also lots of folks who lost money because of expiration, a lost card or the retailer going out of business. The best defense is organization: Register your card per the instructions on the card. Take a photo of the card (front and back) and see if you can transfer the card to your virtual wallet on your phone for ease of use. While you have your phone out, set a reminder close to the expiration date so you don’t lose out. Some states have a mandatory cash back requirement once the gift card balance gets low. Michigan does not, but Michigan does have a rule banning inactivity fees and requiring a minimum 5-year expiration period.

Free Money Awaits Infants: Watch for the details of “Trump Accounts” to come out in 2026. Any child born in 2025 through 2028 is potentially eligible to receive $1,000 in seed money from the Federal Government for the account which will then grow tax-deferred until the child reaches age 18. The details of the accounts are complex, and they don’t suit everyone’s needs, but I’d much rather see some of my taxes go to funding an account for your child or grandchild then I would for some of the “projects” the government takes on.

Those are three quick topics worth considering. Be safe out there in this weather (my trip to Florida over Thanksgiving seems like a long time ago).

Fun Fact: Yes, it’s been cold. But if it will make you feel any better, the coldest day on record in Michigan was February 9, 1934, when the temperature in Vanderbilt (just north of Gaylord) dropped to -51 degrees Fahrenheit.

Greasing the Skids for Your Inheritance

Greasing the Skids for Your Inheritance

That old idiom derives from a time when heavy equipment had to be transported on giant skids and using grease made it easier to transport. It also applies to preparing for what happens after you’re gone and the details of your inheritance decisions are executed. People sometimes forget that they won’t be around to clarify intentions, sooth hurt feelings and misunderstandings, or to provide advice on how best to use money bequeathed.

I once had a client who died unexpectedly in his late 50s. He was a good investor, frugal, divorced and only had one child. That child, a son, led a rather simple life. He and his wife were hourly workers. They were raising their two teenagers at the time of the death. The son instantly became a millionaire, without any knowledge of how to invest or how to prioritize spending and saving. The next time I saw the son about a year later, he “retired,” bought a new bigger home, was driving a nice big pickup and was catering events at his house for extended family and friends. Something tells me that deceased father would have liked to prepare his son a bit better for handling a seven-figure inheritance. Maybe he would have told the son to be frugal and make sure the money lasts. However, I could also envision him saying “life is short – sometimes surprisingly short, so enjoy it while you can!” All I know for sure is that he didn’t grease the skids for his son’s very heavy responsibility of managing a large investment portfolio.

Don’t let that happen to you. Here are some factors to consider so as to make things “move” easier after you are gone:

  1. Make sure your financial and medical decision makers know where the estate planning documents are kept. Don’t give them copies because that creates its own set of issues if you later change the plan. Giving them the exact location of the documents, along with any code or lock combination is enough.
  2. If things are not going evenly to a group of people of equal relation (e.g. kids or grandkids) let them know up front. Whether you give them a justification is up to you, (I mean, it’s your money and you really can do what you want with it), but letting them know things aren’t going to be equal helps minimize tensions and challenges later on.
  3. Letting kids know how much you have is a unique issue. It’s definitely a good idea if you begin to have trouble keeping track of it and managing it. But while you are still competent, giving details of your net worth can be good or bad. My experience is that children inevitably estimate what their parents are worth, if for no other reason than to plan how to take care of them if they need nursing care. If you think they are way off, you might want to at least give some hints so they have a better perspective.
  4. Letting your kids know who will be in charge as the trustee or executor is helpful. Again, hurt feelings for silly things can come out of nowhere. Your medical decision maker should also know your feelings about end-of-life care.
  5. If what you leave a child or grandchild will completely change their financial status, it might be best to start coaching them a bit now about how to handle investments and the types of help they can and should get from professionals. Money can overwhelm people, and many older children might not realize that Jed Clampett and his family weren’t just millionaires, they were more like decamillionaires in today’s dollars. A million dollars is not what it used to be.

Of course, you can eliminate all of these issues if you do what I used to tell my estate planning seminar attendees decades ago: Time things carefully so that the check to the undertaker bounces! Good luck with that!

 

Fun Fact: I was in Southwest Florida for Thanksgiving visiting family (and golfing, of course) and we visited the Thomas Edison museum. Edison and Henry Ford had winter homes in Ft. Myers. An inventor as prolific as Thomas Edison had to be an optimist. Among his 1,093 patents was the lightbulb, and it was a bumpy road to discovery. Ever the optimist, Edison used to describe his initial lightbulb failures as “discovering thousands of ways it did not work.”

Your Brain Needs Numbers

Your Brain Needs Numbers

Like many, I’m hopelessly dependent on my iPhone, and one of my most-used apps is the Hewlett Packard 10bii Financial Calculator. You have to really know that calculator to pass the Certified Financial Planner exams, and for good reason: It allows you to calculate cashflow and present/future value projections. The nerd in me really has a lot of fun using it, which got me thinking of the importance of numbers, and math formulas in particular, to keep our cognitive functions sharp.

Basic math can be helpful for those dealing with dementia as well. Puzzles like Sudoku encourage the brain to work through logic and memory issues. Sudoku is a number puzzle and the gameboard can be designed for all levels of difficulty; from very easy for those with some cognitive issues, to very difficult for those ready for the challenge. A math puzzle like Sudoku is like a bench press for the brain.

Not long ago I started setting my calculator down and attempting to write out some basic math formulas just to get back in the swing. It is both amazing and embarrassing as to how much I forgot. Here are a few math tricks to motivate you to set down the calculator occasionally:

  1. When multiplying a 2-digit number by 11, place the sum of the 2 digits between those digits to get the answer. 45 x 11 (4+5 = 9), so 495 is the answer.  It works with any 2-digit number multiplied by 11.  If the sum of the numbers is 10 or more, it still works, but you add the first digits, place the second digit of the answer in the middle… and remember to carry the 1; 56 x 11 (5+6 = 11, carry the 1, 5+1 = 6), so 616 is the answer.
  2. When trying to figure out a percentage of a number, try reversing the percentage number.  What’s 18% of 50? Reverse to 50% of 18. 1/2 of 18 is 9. 18% of 50 = 9.  4% of 75 is the same as 75% of 4 which is 3/4 of 4 = 3.  4% of 75 = 3.
  3. Here’s a party trick: Pick any number between 1 and 9. Now multiply that number by 9. Now add the digits together. The answer will always be…9!
  4. Finally, here’s a practical trick that helps with your finances. It’s the Rule of 72. If you want to know how many years it will take to double your money at any fixed interest rate, just divide 72 by your interest rate number. (10% interest rate – 72 divided by 10 = 7.2 years.  3% interest rate – 72 divided by 3 = 24 years).

Playing around with numbers is fun and good for your brain, even if you aren’t as mentally quick as you used to be. Have some fun with numbers and your brain will thank you.

Fun fact: The longest mathematical equation is the solution to the Boolean Pythagorean Triples problem (you know the one 😊). The proof is 200 terabytes in size, and it took a supercomputer to generate. A single terabyte is “one million million.”

You Need to Have a Word With Your Family

You Need to Have a Word With Your Family

Here’s a true story: Several years ago, my mother was sitting in her home (probably watching one of her favorite suspense shows) when her cell phone rang. On the other end of the line was an attorney who needed my mother’s help. He was representing one of her grandchildren who was incarcerated on a drunk driving charge and was too embarrassed to tell his parents what happened. He needed $5,000 immediately to get out of jail and have legal representation. At the time my mother could narrow down the possible grandchildren based upon who was old enough to drive and which one didn’t have a lawyer for a father, and sure enough the lawyer confirmed that the first grandchild’s name she threw out was in fact the one in trouble.

My late mother adored her grandchildren and would do anything for them, including pay to get them out of a jam. So, she went back and forth through a few phone calls with the attorney to make sure she know how to write the check and where to overnight it. She was all set and on her way to the post office when her husband, my stepfather, asked her to run this situation by me (the lawyer 😊). She did, and I immediately knew the whole thing was a scam. No troubled grandchild, no real attorney, and no need for $5,000. Just a sophisticated plot to scam grandparents out of money based on trust and emotion. I even called the predator once I got involved and trust me, I had no effect on him. He just hung up, and I’m sure began working on another unsuspecting grandparent.

The story above happened several years ago, and now with AI, predators can be even more sophisticated. For example, they could review an online video of a person, say someone’s grandchild giving a presentation, and use it to mimic the exact voice of the grandchild to the unsuspecting relative. These types of AI scams are already happening, and they will just get worse.

One very effective solution to consider is a family “code word.” Everyone in your immediate family should memorize just one word and then, if grandma receives a call from someone claiming to be her grandson, she can ask for the code word. If it can’t be produced, then she should hang up. Simple but effective. An article in the Wall Street Journal last week gave some good suggestions on how to pick a code word. Here they are:

  1. Make it simple but strong. Don’t use your dog’s name or even your wife’s maiden name because lots of personal family information is accessible by criminals on the internet. Perhaps you could use something based on a family joke or even a phrase that family members always laugh at.
  2. Keep it safe. If you are worried you will forget it, write it down or store it on a password manager. If you write it down, put it in a safe place so a visitor can’t easily see it.
  3. Keep the circle small. The more family members who know the code word, the more chance that it gets stolen. Parents, kids and grandchildren is a good group.
  4. Think outside the box. The code could also be a question, like what was the name of our neighbor who lived across from us growing up.

My mother dodged a bullet, but many people don’t realize they are being scammed until it’s too late. Make sure you and your family take the time to protect yourselves.

Fun Fact: The bloodhound is known to have the best sense of smell among canines. Originally bred to hunt deer and wild boar, they are now used by police and rescue teams. Bloodhounds have been known to follow a scent for over 130 miles, providing not only a strong nose, but a tenacious character as well. The most famous bloodhound was named Nick Carter, a canine detective credited with solving over 600 cases in the early 1900s. He once followed the scent of a missing 6-year-old girl for over 5 miles through fields and streams and led authorities straight to her.

Supercalifragilisticexpialidocious

Supercalifragilisticexpialidocious

Did you know that’s a real word? Look it up. It’s been used so much since it was introduced in the 1964 Disney musical film Mary Poppins that it made its way into formal lexicon. According to the Cambridge Dictionary it means “extremely good” – and that’s what financial life has been like for stock investors the last few years. I wouldn’t be surprised to hear someone humming that delightful song after taking a peek at their investment gains recently.

But let me also point out a phrase from the opening scene of the movie Mary Poppins. The London chimney sweep Bert (brilliantly played by Dick Van Dyke) abruptly stops his song and dance in the park, looks up to the sky with a quizzical expression and says: “Wind’s in the East, mist coming in; like something is brewing, and ‘bout to begin…”  (Bert’s quote to be continued below).

Something is indeed brewing in all sorts of assets…speculation. Gold, bitcoin and, yes, stocks are all reaching record setting values. As we all know, nothing goes up forever and there are a few interesting signs that values are getting ahead of themselves. By way of example:

  1. A graph of the average YTD performance of companies shows that the highest returns (34%) have been from companies listed on the Nasdaq with no (read that as “0”) revenue. That means companies with apparent potential, but no profit to show for it, are going up in value the fastest.
  2. That same graph also shows the average YTD return for money losing companies on the Nasdaq is 18%. Apparently, these money losers are sought after for their potential, too.
  3. The concentration in the S&P 500 Index is increasing dramatically. There are around 500 companies that make up the S&P 500, but 39% of the total value of that index is made up of just 10 tech stocks. That index has never had so few stocks make up such a great amount of its total value.
  4. One day last week when the Nasdaq Index as a whole was up 0.6% to a new all-time high, there were actually 2 times more companies that were down for the day than up. The smaller number of companies that went up more than made up for the vastly larger number of companies that went down. When that happens, we call it a lack of breadth in the market and it has not happened to that extent since 2021, just before a market correction.
  5. I’ll stop with the above, but understand this list could keep going, and include the government shutdown, China, war in Ukraine, and so on.

Believe it or not, the information above is not intended to scare you. It’s intended to condition you so that you are ready—intellectually and emotionally—for the inevitable. Sooner or later—and I honestly have no idea when—the stock market as a whole will drop to lower values. It could come tomorrow, and/or it could not come for months or years, but it is indeed coming. I say that with confidence because, well, market corrections always come, especially after valuations get ahead of themselves.

If you are a committed long-term investor, you will be ready for the market drop, and you will, with the help of your seasoned advisor, stay the course with your investment plan that (hopefully) is tailored just for you — in good times and in bad. Great companies have always sustained their inevitable march toward your financial goals. Sometimes they march up big mountains of gains (like today) and sometimes they march down vast valleys of market drops, but the market has always slowly and inevitably marched forward, led by great companies in great capitalistic systems.

Look, the market on average is down 10% every 19 months, and down 20% once every 6-10 years. We are due, even without the factors described above. The real issue isn’t the market, it’s whether you will do something silly (like abandon your investment plan) when that happens. There are lots of investor newbies now jumping into the market like there’s no tomorrow. Many of them have never really lived through a market correction and they will cut and run at the first sign of trouble.

When the heavy weather does indeed come and the urge to head for the door is whispering in your ear, harken back to the beginning of Mary Poppins and remember the rest of Bert’s line: “…can’t put me finger on what lies in store, but I feel what’s to happen, all happened before.” Nothing here is new. Get in the right state of mind to be a successful investor.

Fun Fact: If you ever used the monorail system at Disney you might be interested to know that the success of the hit movie Mary Poppins funded its development. The system is named MAPO (MAry POppins) in honor of the film.

Can Someone Really Steal My Home?

Can Someone Really Steal My Home?

Since today is Halloween I thought I’d lead with a scary question, and it’s one I hear a lot more often these days, especially now that your TV is filled with ads targeting homeowners with just that claim. Should you be concerned – yes. Should you be scared – no. Here’s what I can tell you:

  1. Ownership of real estate in Michigan is established by a legal document called a deed. The seller/transferor of the property signs a deed that “transfers” his or her interest in the real estate to the new buyer/transferee. You can imagine the confusion and problems with these deeds if they get lost or destroyed. “Who owns the property” can become a nightmare without the deed. Enter the county Register of Deeds which keeps a record of all deeds that are sent to them for recording.  The Register of Deeds is supposed to review the deed for many things, including accuracy of property description and ownership. Staffing issues and electronic recording make the accuracy checks more challenging.
  2. When you buy real estate you want to make sure the seller is legitimate. Enter title insurance, which is what a buyer pays for so that a title company covers the risk of a problem, like a prior deed that was improperly drafted or an undisclosed lien on the property. Title insurance typically covers the buyer up to the point of closing, but not too long after that. A fraudulent title transfer years after the sale will not be covered by the title insurance policy that covered the closing date.
  3. So, can someone take ownership of your home without you knowing it? The short answer is no, not legally. But someone can claim to be you and forge your signature on a deed and then try to record it. Heck, in the world we live in anything is possible.

Before you start to sweat, know that while on the rise, fraudulent deed transfers are still fairly rare, and often happen with properties that are neglected. Still, there are things to know to protect yourself.

  1. A new Michigan law (MCL 565.371) will help deter fraudulent deed transfers. It is now a felony to draft or record a deed with intent to deceive anyone about the validity of the document. In addition, the law empowers the county Register of Deeds to refer questionable documents to the county prosecutor for investigation.
  2. You can check the status of the deed to your home by visiting your county Register of Deeds office to request the most recently recorded deed. Some Register of Deeds office (Oakland and Macomb, for example) also provide a very good online deed search service or a way to request a notice if a document is filed on your property or in your name. Check your county’s website.
  3. An existing mortgage can make a deed transfer more challenging because the mortgage is recorded and a payoff and release is typically required on a deed transfer.
  4. Real estate ownership usually has bills associated with the property, including utilities and property taxes. If you stop getting bills or see a different name on the bill, you should look into the matter.
  5. Of course, the big question people want to know is should they pay for some type of title monitoring. Like any service, it will depend on what you get for your money. I will point you to the Federal Trade Commission Consumer Protection website to review the August 26, 2024, article: Home title lock insurance? Not a lock at all | Consumer Advice. From what I read there, the main point of the alert is to remind consumers that you aren’t getting insurance that will reimburse you, but a monitoring system that proports to alert you after the fact about a deed filing. I am unaware of any of these services being able to prevent a transfer before it happens. If you are considering a service, ask the following questions:
    1. How do you monitor?
    2. How frequently do you monitor?
    3. What are you monitoring for?
    4. How and when will you let me know about an issue?
    5. What will you do to help me if a fraudulent deed is recorded?

Identity theft is on the rise everywhere, including in the area of real estate ownership. You need to be alert. I don’t have an opinion as whether you should buy a third-party monitoring service because I don’t use one myself, but I do know there are some effective ways to monitor your deed on your own and I hope this helps you to better understand your options.

Fun Fact: The Rüppell’s Griffon Vulture is the highest-flying bird, known to have reached an altitude of 37,000 feet (over seven miles!). How do we know this you might ask? Because one collided with an aircraft at that altitude in 1973 and damaged the engine. After the plane landed they identified the remains as the Griffon Vulture.