Legal Question in Wills and Trusts in Florida

transfer of quit claim deed

My mother willed her house to me, but filed quit deeds to my two sisters on the advice of attorney, in the event of my demise. Her intent was that I live in the home as I did not have a home, whereas both of my sisters did. I have resided here since her death ten years ago. I now wish to sell the home and relocate. (1) one sister has since died, and did not leave a will. Does her quit deed interest devolve to her one living heir, her son? (2) The other sister is very well-off, while I am not, and this house is modest, assessed at $50,000. Am I obligated to share half of the proceeds of the sale with her? Thank you.


Asked on 5/11/01, 9:10 pm

1 Answer from Attorneys
Kelly Henderson

Re: transfer of quit claim deed

Without looking at your mother's probate papers and the two deeds issued to your sisters, it is impossible to know for sure who owns what percentage of the house. Assuming ownership is split three ways you will have to share the proceeds from the sale of this house. Of course, your sister and nephew could quick claim their shares back to you. As a first step, I think you need to talk to a local lawyer and pin down who actually owns what right now.

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Answered on 6/26/01, 10:08 pm


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