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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.