Legal Question in Real Estate Law in Florida

Re: Transfer property from mother to son

I'll answer your question, but don't skip my Very Important Note at the end.

Usually a quitclaim deed is the easiest way to transfer real estate, but talk to a real estate attorney to make sure you are doing the transfer the best way. You may need to transfer the property via another type of deed, depending on exactly what you want to do.

Now the Very Important Note:

Speak with a bankruptcy lawyer before you transfer property to avoid losing it in bankruptcy, or for that matter, before you transfer the property if you are considering bankruptcy. Transfering property before filing bankruptcy can be a crime in certain situations and is usually suspect even if it isn't criminal. Some transfers that are done within a year before filing bankruptcy can be undone as if the never happened, and the property can be lost in bankruptcy even if it's been transferred. Besides, a lot of real estate, especially homestead, can be saved in bankruptcy even if it's paid off.

Re: Transfer property from mother to son

If you are thinking about bankruptcy, be aware of the look back periods on gifts. Government looks dimly upon you gifting your assets out and then filing bankruptcy to get rid of creditors.