Legal Question in Real Estate Law in Florida

This question presents a number of issues. First, you would need to file a gift tax return for the gift to your child. No tax should be paid, but the filing of the return ultimately reduces the amount that can pass to your heirs estate tax free. Having your child deed the property back presents the same issue. Now, assuming your child with autism is competant to execute a deed, your child would also have to file a gift tax return - ultimately resulting in a reduction of the amounts that either of you an pass on tax free upon your deaths. If your child is not competant, then you are talking about having to create a guardianship in order to gift the property back.

There is not time period for undoing a gift - just because it gets gifted back within a year does not nullify the transaction.

I feel for you because I think you have created a bigger mess than you intended. My best advice is to consult an estate planning attorney like myself before making any further moves which could complicate matters further.

Good luck to you.