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kcjensen
Aug 2, 2011, 05:21 AM
A family member wishes to leave me a piece of property located in Alabama (hunt camp). We both reside in the state of Florida. Our thoughts were to add this as separate writings to his existing last will. All existing ownership documentation is in his name, solely. Which is the best document instrument?
1)Survivorship quit claim deed or codicile?
2)We do not want inheritance tax to be involved. This is a gift.
3)Should this be recorded, to include the attached parcel ID?

JudyKayTee
Aug 2, 2011, 05:24 AM
Is it a gift or is it a bequest? That's the first question.

Why not just deed it over to you now if it's a gift?

AK lawyer
Aug 2, 2011, 07:11 AM
...
Why not just deed it over to you now if it's a gift?

I suspect that's what OP means by "survivorship quit claim deed".


A family member wishes to leave me a piece of property located in Alabama (hunt camp). We both reside in the state of Florida. Our thoughts were to add this as separate writings to his existing last will. All existing ownership documentation is in his name, solely. Which is the best document instrument?
1)Survivorship quit claim deed or codicile?
2)We do not want inheritance tax to be involved. This is a gift.
3)Should this be recorded, to includ the attached parcel ID?

First, your thread is entitled "Survivorship quit claim deed Florida". If the hunting camp is in Alabama, and you want to do this by deed, you would have to comply with Alabama law, not Florida law. If, on the other hand, your friend wants to do it by will, the will or codicil would be done according to the laws of the state of his residence, Florida.

No, you don't want to write this onto an existing will. That's not the way to do it. To do so might call into question the validity of that will.

A codicil is an option, but in this day and age codicils are more-or-less obsolete. It's just as easy to simply re-do the will. The old will can be scannned, the new language added, and an updated will can then be executed. Less confusion that way, and it has the advantage of an attorney (Paying an attorney to help him with this will be well worth the expense.) reviewing the entire estate plan for any other changes that might be advisable.

There is a unified (Federal) death tax. Estate tax and gift tax go hand-in-hand. If the value of your friend's estate is high enough that death taxes are involved, it would be extremely foolish to try to do this without compentent legal advice. Saving a few hundred bucks by trying to do it yourself and have the estate end up paying hundreds of thousands of dollars in taxes and legal fees is not the way to go.

If you choose the deed route, yes it should be recorded (in the county where the camp is located).