Legal Question in Wills and Trusts in Florida

Land in Florida

In 1978 Grandparents purchased 2 lots in Florida and parents purchased 2 lots next to grandparents lots. In 1998, Grandparents decided to give lots to me & parents gave me the other 2 lots. Mom filed ''Quit Claim Deeds'' first on grandparents lots in 11-98, then on her lots in 7-99 which tranferred ownership to me. Grandma passed away in 4-99 & Grandpa passed away 1-03. When mom did the quit claim deed, Grandma was already in a nursing home and very ill. Grandparents and parents were residents of NY. I am resident of IL and the property is in FL

I decided to sell the lots and have a contract to sell. The title company ran a title search and said the parent lots are fine but that the quit claim deed doesnt have Grandmas signature on it but Grandpa signed it twice. I called the County Recorders office that filed the quit claim deed and they said it may need to go thru Probate Mom (still alive) was the 'power of attorney' for both of Grandparents.

Is there something I can do myself? If anyone could direct me on how to do some of my own footwork or what I can do myself to fix this I would greatly appreciate it. THANK YOU!!


Asked on 2/03/04, 11:56 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: Land in Florida

Did Power of Attorney accompany Quit Claim Deed along with mother's signature on Quit Claim Deed? If just the grandfather's signature, it may depend on how the title was owned with your grandparents. Depending on the facts, you may be able to talk with the Recorder's Office and see if they're missing some documentation (i.e. the POA if your mother signed on behalf of your grandmother). Without knowing all the facts I am unable to fully answer your question. If the property was not properly transferred, then probate may be necessary.

Read more
Answered on 2/04/04, 1:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida