Legal Question in Real Estate Law in Florida
My mother has a property with no liens. The deed lists her name from her 2nd marriage. She changed her name back to her maiden name when she was naturalized back in 1989. The naturalization papers do not document the name change. The Palm Beach County's property appraiser will not change the name on the property unless a new deed is created with her maiden name. Can I create a quit claim deed transferring the rights to the property from her married name to her maiden name? Do I have to have a lawyer create the quit claim deed or can I create it since I have the legal description and know the accepted form for Palm Beach County? Also, does my mother have to have a Palm Beach County court order a name change to assure no future legal problems when selling or transferring the property? Will the quit claim deed transfer be enough? Note: My mother's federal government documentation (social security, passport, naturalization papers) all show her maiden name.
1 Answer from Attorneys
Seek some legal help. Why are you doing this? The property is hers per the Deed in whatever name was used at that point. When she transfers the property the naturilization papers can be used to show her current name. None of this affects ownership or alienation.