Question 1

Can someone quitclaim their property to me instead of leaving it in a will?

Accepted Answer

Yes. Under Florida law, an owner can transfer real estate during life using a quitclaim deed, which conveys whatever interest the grantor currently holds without warranties of title (Fla. Stat. § 689.01). While a quitclaim transfer can avoid probate for that property, it carries significant risks including loss of control by the original owner, exposure to the new owner’s creditors, and potential tax and Medicaid implications.

Question 2

What are the risks of using a quitclaim deed in Florida?

Accepted Answer

By quitclaiming property outright, the original owner loses control and the new owner becomes the legal titleholder who can sell, mortgage, or even evict the original owner. The transfer may be a taxable gift under 26 U.S.C. § 2501 and could require a gift-tax return (Form 709) if the value exceeds the annual exclusion. It may also jeopardize Medicaid eligibility because the property may no longer be an exempt asset. Example: transferring your home to an adult child could allow the child to legally evict you, and reversing the transfer may require their consent or litigation.

Question 3

Does a quitclaim deed avoid probate?

Accepted Answer

Yes, transferring title during life generally avoids probate for that specific property because ownership changes immediately. However, probate avoidance should be balanced against the legal, tax, and Medicaid-planning risks of an outright lifetime transfer.

Question 4

What is a Lady Bird Deed (Enhanced Life Estate Deed) and why is it safer?

Accepted Answer

A Lady Bird Deed lets the owner keep a life estate and full control—retaining the right to sell, mortgage, or revoke the deed—while naming remainder beneficiaries to receive the property automatically at death without probate. This approach preserves Florida homestead protections (Fla. Const. Art. X, § 4), generally preserves Medicaid eligibility because the home remains an exempt asset during life, and avoids federal gift-tax consequences until death. Florida recognizes Lady Bird Deeds through case law and they are widely accepted by title companies and property appraisers.

Question 5

Why shouldn’t I rely solely on a quitclaim deed for estate planning?

Accepted Answer

Quitclaim deeds are easy to record but can trigger long-term issues: potential loss of homestead property-tax benefits if not structured properly; exposure to the recipient’s creditors or divorce; complications under Medicaid’s five-year look-back (42 U.S.C. § 1396p); and possible capital-gains taxes for the recipient because they may not receive a stepped-up tax basis as they would when inheriting at death (26 U.S.C. § 1014).

Question 6

When should I consult a Florida probate or estate-planning attorney?

Accepted Answer

Before any property transfer. A Florida attorney can review title and homestead status, align the plan with your control and inheritance goals, and determine whether a Lady Bird Deed, revocable trust, or other tool is better. Florida Probate Law Firm, PLLC helps Floridians avoid probate, protect homestead rights, and prevent costly tax or Medicaid mistakes. Contact us online for a free, no-obligation consultation with an experienced Florida probate attorney.

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