Legal Question in Real Estate Law in Florida
My Grandmother lives in Canada and is a Canadian citizen but owns a vacation property in Florida.
I have a notarized, and complete Florida durable POA - with everything fully signed, initialled etc.
She's 86 now and has health issues and has now developed Alzheimer�s, so her mental capacity is diminished.
In order that the property doesn't go to probate by the State of Florida if something were to happen to my Grandmother, I would like to add either myself, my father, my sister - any family member really - to title in survivorship.
The property in question hasn't ever had any other owners other than my Grandparents. No liens, no back taxes, and no mortgage - everything is bought & paid for.
Seeing as I would be driving in from Ontario and then back again, I'd only have a day or two to change this all over.
Would I be able - as POA (Florida's POA) add me, my father, my sister, or my cousin to title? Would this be done with a Quit Claim form or a Warranty Claim form? Or do I have to do something else entirely?
Thanks kindly :)
2 Answers from Attorneys
You should contact an attorney near where the property is and where you will travel. He would need to see the ownership documents to best optimize the transfer. There my well be tax consequences associated with the transfer to the recipient and you should consider those. There could be gift tax consequences to your grandmother for the transfer and you should consider those.
I agree with Mr. Stein but the short answer is if you have a valid POA which grants you authority to deal with transfers and property rights owned by your grandmother, you can add names to title. Based on the scenario you have, quit claim deed will be sufficient.
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