Lakeland, FL asked in Probate for Florida

Q: Will a Quit Claim deed from mother to son avoid probate upon her death?

Related Topics:
3 Lawyer Answers
James W. Martin
James W. Martin PRO label
Answered
  • Probate Lawyer
  • Pinellas County, FL
  • Licensed in Florida

A: It might remove the conveyed real estate from what would pass by probate at her death, but it might incur federal gift tax during her lifetime, and it might result in loss of Florida homestead benefits such as the Save Our Homes Cap and exemption from claims of creditors. There are usually better estate planning tools than conveying real estate to family members prior to death, especially if the real estate is still being used.

Phillip William Gunthert agrees with this answer

Marc J. Soss
PREMIUM
Marc J. Soss
Answered
  • Probate Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: A properly prepared and recorded quit-claim deed will pass title to the property from one party to another. If done during her lifetime, she will lose her homestead and/or widow exemption, if applicable. Based upon the value of the property, if in excess of $16,000, you will need to report the gift to the IRS (no taxes will be owed).

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Possibly yes, based on a number of other issues and circumstances you could cause other issues related to Homestead, Document Stamps, Gift Tax Reporting, Homestead Exemption Issues, Due on sale or transfer issues and it is possible that the deed will run afoul of spousal rights or may even cause rise in issues related to undue influence. I would encourage you to speak with a Florida Estate Planning Attorney and consider something along the lines of an enhanced life estate deed (ladybird deed) and proper estate planning and also discuss the implication of potential probate and how it would play out. So, yes it will avoid probate possibly, but there may be a number of other issues that have been overlooked or of concern that should be considered and weighed.

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.