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    lenorester's Avatar
    lenorester Posts: 3, Reputation: 1
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    #1

    Jan 8, 2010, 10:14 AM
    Quit claim deed for Florida property from death to survivor
    Hello,
    My step father has owned a 2 acre parcel in Polk Cty, Fl. For approximately 45 yrs. This property has always remained in his name only. He recently passed away and we would like to quitclaim this property to my brother, who is residing in Florida. Again, the title does not include my mothers name, however, they had been married for 40 yrs and we do have a POA form. My mother is currently residing in Redlands, California.

    Will this be as simple as obtaining a quitclaim deed & having it notarized? I'm assuming we will need proof of marriage and his death certificate. Would this be correct? Please advise.

    Thank you,
    Lenore
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 8, 2010, 10:39 AM
    Quote Originally Posted by lenorester View Post
    we would like to quitclaim this property to my brother, who is residing in Florida. Again, the title does not include my mothers name, however, they had been married for 40 yrs and we do have a POA form. My mother is currently residing in Redlands, California.

    Will this be as simple as obtaining a quitclaim
    Hello Lenore:

    No, this isn't simple. Your mother doesn't own the property until your fathers estate is probated and the deed transferred to her. Then SHE can do anything with the property that she chooses.

    excon
    lenorester's Avatar
    lenorester Posts: 3, Reputation: 1
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    #3

    Jan 8, 2010, 11:07 AM
    Quote Originally Posted by excon View Post
    Hello Lenore:

    No, this isn't simple. Your mother doesn't own the property until your fathers estate is probated and the deed transferred to her. Then SHE can do anything with the property that she chooses.

    excon
    Oh man, thank you. I guess I'll be needing to get an attorney as my mother is in a facility (sorry I failed to mention that), with dementia. None of us girls care to have this property, as it's swampland and worthless to us. I'm not sure how to obtain the deed though. Would I just be in touch with the county? Thank you again.

    Lenore
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 8, 2010, 11:28 AM
    Quote Originally Posted by lenorester View Post
    I'm not sure how to obtain the deed though. Would I just be in touch with the county?
    Hello again, Lenore:

    I don't either... But, if you have a death certificate, take it to the clerk of court. They should guide you.

    excon
    lenorester's Avatar
    lenorester Posts: 3, Reputation: 1
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    #5

    Jan 8, 2010, 11:54 AM

    Thank you excon! I appreciate your time.

    Lenore
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