Legal Question in Wills and Trusts in Florida
Quitclaim deed
My wife has a home before we marry. She wanted to put me on the deed. She did one but never got it sign or file before we died. In her will she have me 50% of the property with her daughter. Do I need a lawyer or can I do a Quitclaim Deed to put me on it. At this time my wife name is the only one on the deed.
2 Answers from Attorneys
Re: Quitclaim deed
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If I understand your situation, your wife has now died. You cannot execute a Quit Claim Deed. Instead, you must file the will and open a probate of her estate. The court will then appoint the personal representative who will administer her estate according to the instructions in her will. The personal representative will then distribute the property and all other assets to the rightful party(ies).
You need to consult an attorney who can review the facts and advise you of your legal rights and responsibilities.
Scott R. Jay, Esq.
Re: Quitclaim deed
You will need an attorney to help you with this. I agree with the last answer, although depending on what other assets you wife had, you may be able to use a simplified probate called Summary Administration in which no personal representative is appointed. It is a rather simple and inexpensive process.
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