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.


Asked on 6/23/07, 8:04 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Quitclaim deed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 6/23/07, 12:12 pm

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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Answered on 6/24/07, 7:39 am


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