Help from Hertel

Mykul Johnson shared the the east-side house for 37 years with D. Thomas, who died in March. Then Johnson discovered that errors on the quit-claim deed on their home threatened his right to inherit it.

Had they been married, even if there were technical issues with the quit-claim deed, Johnson would have automatically inherited the home under Michigan’s inheritance laws. But because Michigan does not allow same-sex marriage, this option was not available to him. City Pulse reported his plight last month.

Hertel helped Johnson figure out the errors in the deed and correct them, then accompanied Johnson last week to the Ingham County Register of Deeds Office. Hertel served as the register before being elected a senator last November.

“There were technical problems with the document that didn’t affect the contract, but did preclude them from registering the deed,” said Hertel. The property Johnson shared with D. Thomas is now legally in his name.

“Relieved,” said Johnson about how he feels.. “Relieved in capital letters. Thank God they didn’t say go away.”

Regina Calcagno, who runs the Michigan for Marriage initiative, said Johnson’s story is all too common for same-sex partners who do not have access to marriage.

“It was heartbreaking to see and experience the additional hurdles Mykul is faced with because of the state’s laws,” she said in an interview. “Simple estate matters demand extra time, money, and tears — something opposite sex married couples do not have to think about. Mykul and D did what they thought was best to protect their family. They created protections on paper via wills, trusts, deeds, but even that didn’t provide the same security marriage offers.”

Hertel advised same-sex couples to take notice of Johnson’s experience and work to avoid it.

“If they’re in a loving committed relationship, they need to get that quit-claim deed filed with an affidavit,” said Hertel. “If they are married in another state, they should attach a copy of the marriage license to the deed and an affidavit asserting all the rights of inheritance.”

Said Calgano: “Planning is key for LGBT couples. Consult with an attorney to make sure you have some basic documents (like a will, powers of attorney, etc) in place to ensure that your wishes are followed and your family is protected. It’s also very important to communicate your wishes with your loved ones now.

The heartache of grief shouldn’t be complicated by legal headaches.”

Added Johnson, “They should make sure it’s filed, and that all the t’s are crossed and the i’s are dotted. It will be a nightmare if you don’t.”