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quit claim

Posted on: 29th Oct, 2009 04:35 pm
I have a will and revocable trust, living in Florida. I'm a widow and have been advised to submit a Quit Claim.
My two sons are equally listed to receive all of my assets. Do I need a Quit Claim?
Thank you.
Hi d_sheinman!

Welcome to forums!

You've mentioned that you have a will wherein your sons are equally listed to get the assets. However, your sons will have to probate the will after your death in order to get it transferred in their name. If you transfer the property to them through a quitclaim deed, they will become the owner of the property now and will not have to go for a probate.

Feel free to ask if you've further queries.

Sussane
Posted on: 29th Oct, 2009 09:11 pm
Thanks for your advice.
Posted on: 31st Oct, 2009 04:06 pm
I just realized you said that my boys would have ownership of my property now-I don't want that as I'm independent and want the security in my name until I'm gone.
Posted on: 01st Nov, 2009 01:08 pm
Hi d,

If you do not want to transfer the property to your sons immediately, then it's better if you do not sign a quitclaim deed now. You can list their names as beneficiaries to the property in your will. Thus, they will have to probate the will and get the property transferred in their name after your death.

Thanks
Posted on: 01st Nov, 2009 07:44 pm
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