Legal Question in Real Estate Law in Florida

Death &Sale of Real Property in Florida

My husband and I own property in Florida, however we live in Canada

The property is in both names. He is terminally ill. What form do I need to use to have the house put in my name alone...Quit Florida Claim??

As we live in Canada, can this document be signed by a Canadian lawyer or.do I need a lawyer in Florida to witness this document.

PLease advise how I get the house put one name only so that I may sell the home


Asked on 8/09/07, 6:56 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Death &Sale of Real Property in Florida

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You should have a Quit Claim Deed from your husband to your husband for life with a remainder to you (or directly to you at this time) prepared by a Florida lawyer to ensure that it is prepared and recorded properly. If an error is made, it may not serve your intended purpose which could prove very costly to you.

Scott R. Jay, Esq.

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Answered on 8/09/07, 7:55 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Death &Sale of Real Property in Florida

An addition to the previous answer. Since you both own the property, any deed should (must) be executed by both you and your husband. Therefore the deed should be from bothof you to H for life remainder to W or to W. Best is to call an attorney in Fl. to assist you.

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Answered on 8/10/07, 8:46 pm


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