Legal Question in Real Estate Law in Florida

Real property transfer

My grandmother wants to transfer the deed of her property to me. The property is located in Florida. How can we do that? And Will we be subject to any taxes?

Thanks


Asked on 9/27/07, 9:43 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real property transfer

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, there will be tax consequences for both grandmother and you. If grandma does an outright transfer to you by virtue of a Quit Claim Deed, then she will lose her homestead exemption unless she maintains a life estate. You will lose a stepped up basis on the value of the property which would have been obtained if the property passed to you by virtue of grandma's estate.

Scott R. Jay, Esq.

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Answered on 9/27/07, 9:54 am


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