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

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.

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).

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.