Hollywood, FL asked in Real Estate Law for Florida

Q: Father signs LE quit claim deed to his property (no mortgage, no liens) on 05/05/18 to his grandson.

2 years later in 2020 he signs another quit claim deed with the same verbiage to his son and it’s filed as well. when the father passes who has rights of ownership of the property?

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
  • Fort Lauderdale, FL

A: You will need to take both deeds to a real estate attorney to review. When someone does a life estate deed the language transfers the title to the remainder person with the grantor retaining a life estate. If this was the language in the first deed then he no longer had title to the property. A quit claim deed does not necessary transfer anything since it basically is an instrument that says if I have any interest in this property I give it to you. You need an attorney that can interpret both deeds and read the language in the deed to determine the effect of the first deed and whether anything was transferred in the second deed.

This is a good example of how title to real property becomes clouded by people doing their own quit claim deeds with legal assistance and without any examination of title.

Victoria Morales agrees with this answer

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