Legal Question in Wills and Trusts in Florida
Preparing a Gift Deed (Gift of Deed?)
My Mom owns (only) a small piece of property which she would like to give to my brother who primarily sees to her care. Is it best for her to have a Will which describes her wishes or is it possible to prepare a statement which representes a gift of the deed to the property? In the latter instance, because she is homebound, is there a form which could be used for this purpose? What process is needed in order to be sure that it is a legal document? Thanks for your help.
1 Answer from Attorneys
Re: Preparing a Gift Deed (Gift of Deed?)
A simple will could be used to see that your brother inherits mom's property upon her death. If those involved want to transfer ownership before your mother dies a local attorney could prepare a deed for signiture and filing. In addition, your mother could transfer the property into a trust and the land would pass to your brother outside of probate after her death. Many factors, including the legal costs involved, other estate planning goals and the value of your mother's assets, need to be considered.
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