Legal Question in Wills and Trusts in Florida

We own property in Fl. and would like to sign the title of the property over to another family member. Is it possible to do this without going to Florida? Or for us to be present? We live in KY and the family member lives in GA. We would like to do this without having to make a trip.

Thanks!


Asked on 1/08/10, 12:59 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Not a problem. YOu just need to be sure the deed is signed correctly. This can be done as a quit claim deed - meaning no title search - just conveying the interest that was conveyed to you is what quit claim means.

I would be glad to help out if the property is located in Duval, Clay, Nassau or St. JOhns' Counties.

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Answered on 1/13/10, 1:10 pm
Cristofer Bennardo Padula Bennardo Levine, LLP

You need only execute a deed drafted in accordance with Florida law and signed in the presence of a notary and two witnesses. The deed can be executed anywhere, as long as it is notarized in accordance with the local law there. The original then needs to be recorded here.

I should note that if there is a mortgage on the property, the state of Florida will charge documentary stamp tax on the deed equal to no less than $0.70 per every $100 of the amount of the mortgage. With a $150,000 mortgage, the tax would be $1,050.00.

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Answered on 1/13/10, 1:21 pm


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