Legal Question in Real Estate Law in Florida
Deeds
I currently own a second house in Fl.. The house isn't a rental propert as my parents live in there and my sibblings and I take care of them. Since I purchased the property in 1998, my taxes jump from $1200 to $4200.. Since this is not my primary home my taxes are 3 times what all of the other neighborns paid because I don't get homestead on it. I was told that I could transfer title to my father so that he could get homestead on the house without getting him into the loan.. Am I correct? if so what type of deed would be better. quick claim or warranty. Once I transfer title to my father, how can my sibbling and I have the right to sale the property once they passed away. Do we require a will?
Thanks in advance
2 Answers from Attorneys
Re: Deeds
Once you give up title your lender can call in the loan.
Re: Deeds
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The proper action would be to execute a Quit Claim Deed for a Life Estate to your parents with a remainder to you. Parents will then be able to file for a homestead exemption which will give your immediate tax savings and even more in the future. Upon death, the property would immediately pass on to you without the need to file a probate of either of your parent's estate, although you will need to record certified death certificates upon any sale or transfer of title.
Please remember that you will need to contact your lender to make sure that they agree with any action you take.
I would strongly advise that you have a qualified real estate attorney handle this transaction so as to make sure it is done properly. The cost will be reasonable especially as opposed to the possible effects of any errors you might make doing it yourself.
Scott R. Jay, Esq.