Legal Question in Real Estate Law in Florida

Good Afternoon Attorny Roy,

My mom and dad are now deceased. They did not do a living will and own land and a home. My brothers and I are left to make a decision. Would a quit claim be in our best interest. Do we need an attorney to file a quit claim since neither of our parents are alive to sign. Please advise.


Asked on 4/11/11, 11:28 am

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

You need to open a probate estate to have all of the property transferred to the heirs in accordance with State law. A quit claim deed can't be executed since your parents are deceased. You can buy a book on filing on your own, or consult with an attorney for advice on how to file.

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Answered on 4/11/11, 11:38 am


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