Similarly, a Florida lady bird deed form will use different language than a deed that is intended to immediately transfer the property. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court. Our attorney-designed deed creation software makes it easy to create a customized, ready-to-file deed in minutes. Real Estate Contracts Preparation. Florida real estate is transferred by a document called a deed. How the Florida Enhanced Life Estate Deed Works. However, it is not a good idea to do so. Unlike a warranty deed, a quitclaim deed does not make any claim that the property title is clear of liens. To be valid in Florida, a quitclaim deed must contain a legal description of the property, the names and addresses of the grantors and grantees, and the notarized signatures of the grantors, grantees and two disinterested witnesses. Fortenberry Legal handles deed preparation for out-of-state attorneys. A quitclaim deed is used to transfer or "quit" ownership of a property in Florida. A Real Estate Attorney can prepare a clear, well-constructed agreement that will allow your deal to move along swiftly without disputes. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. For a grantor, this should be the name as it appeared on the deed when the grantor obtained title. How to Prepare & Record a Quit Claim Deed. Special rules apply to property that is used as a married couple’s marital home that is classified as homestead property. They can also be used to transfer property to a trust. Complications arise when a grantor is not including all children, or if improper language is used. A life enhanced estate deed, more commonly called a “Lady Bird Deed,” is one of the best kept secrets for estate planning purposes. You can find this legislation in Chapter 689 of Florida’s Statutes. Special Credentials: If all we are asked to do is prepare the deed and send the signed and notarized deed to the Recorder for it to be recorded in the county deed records with client or requesting attorney providing all of the needed information (grantor, grantee, legal description, and a copy of the deed granting the realty to its current owner) then our fee is $275 paid in advance. Often this is used between parents and children or spouses. You can, legally, prepare your own deed. You must pay the state transfer tax when you record the deed. They are often used to: A Florida quitclaim deed is a simple one-page document, which is easy to prepare if you pay attention to the details. be shown in the upper left and corner before it is recorded. Florida requires that you sign the quitclaim deed in front of two disinterested witnesses. When a practitioner encounters an error in a deed, the first determination should … Just a one-time, up-front fee for a customized deed and any related documents that you need. Read More: How to Transfer a Deed of Property in Florida. After you complete the deed, make enough copies for all parties. In other words, a spouse may have homestead rights in property that he or she does not legally own. Quit Claim Deed. Complete the interview at no charge. It's a good idea to identify how the grantees are taking title (for example, as co-owners, jointly, 50/50 or something else, etc.). Acknowledgements made in Florida or in another state can be made by any of the officers listed in 695.03 of the Florida Statutes. A new deed must be filed with the local clerk of court's office in order to change the name on a Florida deed, no matter the circumstances leading to the change. 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