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Re: quit claim deed

Posted on: 16th Sep, 2006 09:16 am
my father filled out a quit claim deed in 2003 giving me his homestead, with the inderstanding between us that it would be upon his death. i have never filed it with the clerk, and now he has been diagnosed with 6 months or less to live. my question is: is this deed still valid if i file it in 2006 (or hpoefully 2007) even though it was signed in 2003? also, does it matter whether it says \"dad to daughter\" versus \"dad to daughter with joint rights of survivorship\"? we live in florida. thanks for your help.
Hi,

It is very sad to hear about your father's situation and it must be very hard on you right now.

For the quit claim deed I would say that the quit claim deed is still valid but it must be filed before his death. You can contact the county recorder's office and get the deed recorded properly.

Thanks
Posted on: 16th Sep, 2006 10:01 am
Hi,

I agree that it is really difficult time for you as your father is is going to live for only another six months. It is very sad to even hear of such a thing.

What Pringle has mentioned is quite right, the quit claim deed is to be delivered to the grantee, i.e. to you, unconditionally during the lifetime of the grantor for it be to be considered valid.

Thanks
Blue
Posted on: 16th Sep, 2006 11:04 am
Thanks to both of you. I will contact the County Clerk's office next week. I appreciate your kind words. It has been very difficult "preparing for death".
Posted on: 16th Sep, 2006 12:36 pm
Hi,

Let me add one more thing. The joint right of survivorship means the right to the property will pass on to you as the joint survivor after your father's death.

And I do not think there is much difference between the two in your situation as "Dad to daughter" will also have the same affect of transferring the property interest in your name.

Thanks
Colin
Posted on: 16th Sep, 2006 12:47 pm
I it legal to quit claim deed a portion of a home to your children, with out the knowledge of the other members on the deed.
Posted on: 29th Jan, 2008 09:08 am
Hi,

My cousin filed a warranty deed in 2006 of her father's property and my mother purchased the same property during an estate sale in 2008 and a Quitclaim deed was filed last week. Which deed is vaild ???
Posted on: 25th Aug, 2008 01:24 pm
Hi Sharon and Shan.

Welcome to the forum. You should take permission from the other members on the deed before you quitclaim your share of the property to your child.

Shan, why do you think that the deed is not valid was not it notarized? If the deed is notarized and recorded, then it is a valid deed. Feel free to ask if you have any further questions.

Best of luck,
Larry
Posted on: 26th Aug, 2008 04:32 am
How long after a deed is set aside should the judge issue an order or judgement in writing.
Posted on: 03rd Sep, 2008 12:22 pm
Hi Tiffany,

Can you tell me why the judgment order is being issued?
Posted on: 03rd Sep, 2008 11:16 pm
The order is stating the deed has been set aside. A business is located on this deed. We need the order to operate the business and for possible TRO if needed.
Posted on: 04th Sep, 2008 12:41 pm
I couldn't get what you're trying to say. Which deed is the judgment order talking about? And what business is located on the deed?
Posted on: 05th Sep, 2008 04:59 am
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