Legal Question in Wills and Trusts in Florida
I am doing a quit claim deed for a friend. His mother passed away and left him a home in her will and revocable trust. The current deed is owned by the trust. The person who passed away I will call Jane Doe. The son that inherited the house I shall call Jack Doe. Jack Doe is also the trustee and the personal represenative of the will/estate for Jane Doe. He needs to have the deed put in his name. How should the current deed which is owned by the trust be signed over to Jack Doe in regard to the grantor/seller?
2 Answers from Attorneys
You need a real estate attorney or the probate attorney to assist. You are way out of your league trying to help and may not be assisting but you may cause problems. Your description alone is inadequate and therefore any answer based on that would be inadequate. Please advise your friend to hire an attorney to get it done right the first time.
I would agree with Mr. Stein. There are other issues to consider before simply doing a quit claim deed (homestead, title, insurance, mortgage, tax, etc.). The Personal Representative should hire a probate attorney (even if none of the estate is to go through probate) to help administer the estate. I would also caution that if you provide your friend with advice in reference to administering the estate, you could be crossing into the territory of the unlicensed practice of law.
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