Legal Question in Wills and Trusts in Florida
If the decedent is so say just before passing, transferring assets prior to death, does the decedent have to complete the transaction for it to be legal? Example: A Deed being signed the day the decedent passes while incompetent.
Does the gift have to be complete?
Asked on 10/14/14, 12:11 pm
1 Answer from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
His competence is the subject of a collateral attack. If the recipient is without notice of any potential for collateral attack and records the deed, than the property can be transferred of record after death.
Answered on 10/14/14, 1:44 pm
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