[Stace13]

My mother passed away in Illinois, and my husband and I lived in the house she owned which is in Florida. She made a quick claim deed in siting me as the grantor (she wanted the house to go to me) and on the deed shortly after that is stated it has my soon to be exes name as the grantee. If the quick claim deed was written up in Illinois but now registered to me as grantor on the deed in Florida and his name as grantee, who has rights to this house? And since it was written up in Illinois, would Illinois laws apply to who gets the house instead of Florida divorce laws? Sort of complicated

[AK lawyer]

First, the word is "quit-claim", not "quick-claim". It has nothing to do with how speedily it can be prepared. It means that, in your or your mother's case, you or she "quit" (or gave up) any claim you or she may have had to the property. A quit-claim deed is distinguished from a warranty deed by the fact that the grantor doesn't "warrant" (i.e.: "guarantee") that he or she actually owns the property.

Evidently your mom didn't sign this deed, correct? The "grantor" named on a deed means the person who is transferring title to another person (the "grantee"). If you are shown as the grantor, and your husband is shown as the grantee, the effect of such a deed would be to transfer whatever legal interest in the property (evidently none) you had, to him. Unless your mother had previously transferred it to you (by signing a deed, with her shown as the "grantor"), such a deed would have no effect. The property still is owned by your mother's estate.

Title would be determined by the law of the place where the property is located (Florida), regardless of where it was written or signed.

You and your mother were foolish to do this without the help of an attorney. I suggest you get one right now, and straighten this mess out. it looks like you may need a probate attorney in Illinois (assuming that's where your mother resided) to open your mother's probate case, and possibly another attorney in Florida to clear up the title (or, taking care of that could be ordered by the court in your divorce).

[ScottGem]

As AK has noted the terms you are using don't make sense. The only way you would be a grantor is if the property was in your name at the time. If it was then you would have signed the deed as grantor, not your mom. So clearly, you do not truly understand what actually happened. You need to find out the true facts and then you probably should take those facts to an attorney to straighten things out. Or, you may need an attorney to find out what really happened.