How to Write. Other common uses of Quitclaim Deeds include the following: Adding a spouse's name to a property title; Transferring property interest to a business partner; Removing a spouse's name from a property title after divorce In states that allow it in the real estate context, the TOD deed is a simple solution. As to the tax question, the IRS will view the addition of the letter writer via quitclaim deed as a gift. If a Florida property owner passes away, the property must go through the probate court system for the county the decedent lived in. A Quitclaim Deed can also be used to relinquish co-owned property in situations such as divorce. Signing – A quit claim deed authorized in the State of Florida must be done with Two (2) Witnesses and a Notary Public viewing the signature(s) of the Grantor(s). The signing/execution of the deed was performed before two (2) uninterested parties (no beneficial interest in the deed transfer) and a Notary Public licensed in the State where the deed was signed. However, even if it is not recorded at the time of signing, or not filed at all, the quitclaim deed is still legal. A quitclaim deed can be used to establish the children as the new owners of the property by removing the deceased parents’ names from the deed. After taxes and debts are paid, the county probate court authorizes the estate’s personal representative to convey the title to the beneficiary named in the will. The aunt was the last survivor in the family from that generation (no surviving brothers or sisters). And there you have it – the basics of the quitclaim deed in Florida. But the deed can't be recorded after death. Quitclaim deeds are a better choice when property is being transferred between family members and no money changes hands. Cost Basis One of the problems with using a quitclaim deed for estate planning is that doing so may not be advantageous for the grantee's cost basis, or amount the Internal Revenue Service (IRS) deems to be what you paid for a property. A quickclaim or quitclaim is a type of deed used to transfer title and ownership of property from one person or entity to another. A quitclaim deed is a legal document used to convey an interest in real property. For example, it might say "To Tomas Penko and Marla Penko, trustees of the Penko Family Trust dated March 3, 2015." If the owner dies intestate (without a will), the state law of intestacy directs property to go to specific relatives. A quitclaim deed with a right of survivorship is a legal deed that allows two people to co-own old real estate in such a manner that probate is not required to transfer title to the property after the death of one of the owners. How to Transfer a Deed of Property in Florida The state of Florida does not allow automatic "transfer upon death" arrangements for deeds of real estate. Decide when you want the transfer to take place. If the property is in your deceased grandmother's name, then you and your aunt can't use a quitclaim deed to get the property transferred in your name. A quitclaim deed does not actually complete the transfer until it is recorded in the county clerk's office. I guess a quitclaim deed should be recorded within a time period after it is signed. By acceptance of the deed the grantee accepts those conditions. A quitclaim deed conveys any interest the grantor has or may have. However, sometimes a surviving spouse may choose to file evidence of death, such as an affidavit, to show transfer of the property. 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