Legal Question in Real Estate Law in Florida

Re: Quitclaim Deed

The Quit Claim Deed as you explained appears to be inartfully drafted. If the purpose of the deed was to transfer the title to all five (5) children, then all five (5) must be specifically named therein as the grantees. The phrase "et al." does not take the place of listing each party.

I would suggest that the elderly parents have a new Quit Claim Deed properly drawn by qualified real estate practioner. They may wish to consider retaining a life estate while transferring the remainder interest to all five (5) children. This would avoid any loss of the homestead exemption on their property by keeping the ownership in their names during their lifetime. The child who was named on the first Quit Claim Deed will be required to join in this new transfer in order to make it valid. This is a serious legal matter and the family should not hesitate to contact an attorney with the necessary experience. Failure to do so may have some very wrong results which could eventually lead to family fighting and breaking apart.

Scott R. Jay, Esq., 305-249-8000