Legal Question in Wills and Trusts in Florida
Quit claim deed
My father recently passed away and his surviving spouse says his Will was ''absolved'' a few years ago. I've learned that a quit claim deed was issued in 1996, but my father's name is still listed on the deed. Could the quit claim deed have been to remove my own deceased mother's name from the property and to add my step-mother's instead, or did my father relinquish his portion of ownership of the property in full to my step-mother by filing the quit claim deed? Where would I find this information? How can I find out whether or not he changed his original Will? Will the attorney who prepared the latest Will contact me? Are any of my father's children entitled to receive any of his estate, including his share of the property. My step-mother states there is no Will at this time. Thank you.
1 Answer from Attorneys
Re: Quit claim deed
A quitclaim deed confers on the grantee whatever interest the grantor had. You can check the county records to see how the property title is recorded.
A will becomes public when filed for probate. You can look at it by going to the county court and asking for the file.
Whether or not you are entitled to any of his assets will depend on whether or not there is a valid will and what's in it. If his home was his homestead, then you should get a remainder interest at the end of the spouse's life interest that she will have until her death (unless the property was also in her name in which case it all goes to her).
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