Legal Question in Real Estate Law in Florida
Quit Claim
My mother passed away and I am an only child we have two homes that are yet in her name and she also filed chapter 13 two years before, would I be able to do a quit claim to placed these homes in my name?
2 Answers from Attorneys
Re: Quit Claim
Probate must be filed when a person passes away leaving assets in their name alone. If you are the only child and she does not have a surviving spouse then the property would be transferred to you, but, you must still go through probate. It should not be costly and can be concluded within a few months. Feel free to contact me for more information.
Re: Quit Claim
A dead person cannot transfer property or execute a quitclaim deed for the benefit of any purported grantee. If the property is only in the decedent's name, you must travel through probate in order to dispose of or otherwise transfer the property. Seek the advice of a wills, trusts and estates lawyer that may also have experience with real estate matters, and good luck.
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