Legal Question in Wills and Trusts in Florida
In my father's will - his home in Palm Beach county Florida was to be left to me and 3 siblings. I was made the executor along with my sister as co-executor.
I have given up any interest I have in the home and have signed a settlement agreement to show that. I have also withdrawn myself as executor of his estate.
Now they want me to sign a quitclaim deed transferring the property from me to my sister whom is the executor. I have never lived in the home, and the home has never been in my name.
Do I need to sign a quitclaim deed for this?
2 Answers from Attorneys
Probably. If the property was your father's homestead, then a deed is required from anyone that is constitutionally protected to receive, which includes his children. It is irrelevant that you did not live there or that it was in your name. Only that your father did and it was his homestead.
Therefore, a deed from all individuals that hold this protected status is required, which looks like you are included.
In Florida homestead property passes to the heirs/beneficiaries at the moment of death. So if you were named as the recipient of the home, the only way for you to give up that ownership is by deeding it to someone.
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