Orlando, FL asked in Estate Planning and Real Estate Law for Florida

Q: Grandmother living in PR but has property in FL. Can she write a quitclaim deed to me to transfer the FL property to me?

If she were to pass without having a will would the FL property still be considered part of the estate or would it be exempt as it has been signed over to me with the quickclaim deed? If it is still part of the estate, is there a way for her to sign the FL property over to me before she passes in which it won't be included in the estate?

Thank you

1 Lawyer Answer
Evelyn Suero
Evelyn Suero
  • Estate Planning Lawyer
  • Miami, FL
  • Licensed in Florida

A: Generally speaking, property that is not titled in a decedent's name does not go through probate process since it is not part of the decedent's estate. However there are many issues to consider, including tax consequences/reporting, Medicaid lookback periods, challenges of such property transfers in court for claims of undue influence, etc. It is best to seek professional counsel.

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