Quit Claim Deed
My son-in-law's father gave him 2 signed and notorized quit claim deeds, both were notorized in April of 2003, they both specified upon his death they be implemented (registered) as he didn't want them to go into the probate he wanted his son specificaly to have them, he passed away Oct. 2004, my son-in-law then registered the deeds as was told to, the probate attorney and also my son-in-laws attorney are now saying that the quit claim deeds are no good as they were registered after his death and have to be sold and put into the estate (probate). one of these property's is their home that they live in and they are trying to sell it out from under them, personally I think their lawyer is a Quack, someone please help :-(
Typically, recording is not a requirement to transfer title to real property. to transfer title the following elements must be met:
Signed deed
Competence
Delivery of deed
Clear intent
From your post it appears your son-in-law's father met the requriements for transfer. Now, you state may requrie that the property be probated even though your son-in-law is the rightful owner of the property. The state may want to protect creditors of the estate who relied on public records when transacting biz with the deceased.
I typically tell my clients to do the same thing in states that have a high homestead exemption.
Respectfully,
Clint Coons, Esq.
ccoons, thank you so much for your reply. As I am not familiar with the laws of the state of Florida pertaining to this matter, would you happen to know if it is a requirement for this quit claim deed to be probated in this state?
[ Edited by martaz on Date 03/28/2004 ][ Edited by martaz on Date 03/28/2004 ]
One of these quit claim deeds as per all the info in the above post, is a vacant lot, of which there is a buyer for and the sale is pending with the title company as they are requesting my son-in-laws signature, since this is a vacant lot, does it have to go into probate or should son-in-law be receiving the money from the sale when the sale goes through? Also if son-in-law doesn't sign for the sale to go through would that be contesting the will? Is there a form that can be filed to take this before a Judge?