Legal Question in Real Estate Law in Florida

My mother quitclaim her property to herself and I. She died 9/11/02.

What is my legal status now. Is a seller necessary when a property has been Quitclaimed to you?


Asked on 11/13/03, 4:20 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: My mother quitclaim her property to herself and I. She died 9/11/02.

Look at your deed. Does the quitclaim deed say that your mother conveyed it to herself and you as joint tenants with right of survivorship? If so, you are now the sole owner of the property, and can do whatever you want with it. It didn't pass through your mother's estate.

That's probably what happened. However, if the deed says that the property was conveyed to you and her as tenants in common, then you could have a problem. Because in this instance, half of the property passed through your mother's estate, while you acquired the other half upon her death. Who gets your mother's half depends on her will if she wrote one, or if not, upon your family structure, since the state laws of intestacy would determine who gets her property.

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Answered on 11/13/03, 4:31 pm


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