Legal Question in Wills and Trusts in Florida

Transfer of ''future interest'' in property
My father passed away Nov. 1, 2001. In his will he left his house to my sister and I. He was married when he passed away, so by Florida law my step-mother receives a life-estate. We have NOT gone to probate yet. I am the Personal Representative. My step mother decided to move back up north. My sister coerced her into signing a quit claim over to us for no monetary consideration, but for exchange of the two of us signing a release. My question is can you transfer property that you don't really have yet? She does not have title to the property since we haven't gone to probate yet, so is the quit claim even valid? My sister has not recorded the quit claim, so can my step mother rescind the quit claim and then restore her life estate interest in the property. Thank you very much for your response.

Asked on 10/22/02, 1:29 am

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Re: Transfer of ''future interest'' in property

Your stepmother's interest in the property vested at your father's death. In addition, a deed does not technically have to be recorded to be valid but if someone records some other title on the property before you do, you may have some problems. So, record the deed right away. Assuming that when you say "coerced" you do not mean that your sister used duress, undue influence, or fraud to obtain the deed, the property should be yours once it has gone through probate administration (assuming no creditors claims, etc.).

Answered on 10/28/02, 11:18 am

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