Legal Question in Real Estate Law in Florida
Can you please advise... my brothers want to file a quit claim deed on my mothers house. The reason is that they want to add out names to the deed so that if something were to happen to her we will not have to deal with probate. is this the best way to do this? Also can we add my mothers name on that form as we add our names, as to not remove her name completely from the deed.? Thank you !
1 Answer from Attorneys
First, you need an Estate planning/Real estate attorney. Find one before taking any actions on your own. Second, NO filing a quit claim deed cannot straighten out the title on a property or provide for its distribution on death. Someone needs to review the current title and advise what is the best method to prepare for distribution without probate. Third, changing title to the property may infringe and/or eliminate homestead which currently may apply. Please see legal guidance.