Cumming, GA asked in Real Estate Law and Estate Planning for Florida

Q: My Uncle is battling Stage 4 colon cancer. His property deed and mortgage are only in his name. He wants to transfer

title to his wife but wants her to avoid probate upon his passing. Should he use a Quit Claim or Lady Bird Deed to do this? He lives in Pensacola, Florida.

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

A: I would suggest using a quit claim deed to add the wife to the title from your uncle to your uncle and aunt, his wife. Lady bird deeds can create title issues. This will only change the title. The mortgage company should be contacted so they can be informed that your aunt has permission to receive information regarding the account.

Evelyn Suero agrees with this answer

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