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Recording Florida Deeds after death

By David M. Goldman

Can a Florida Quit Claim deed be recorded after death? Generally any deed can be recorded at any time even after the death of the grantor. However there can be problems created by the delay in filing. First, we often see that the deeds were never delivered and as such are ineffective and not a valid conveyance of the property. In addition, the deeds can be wrong or incomplete and create problems that the grantor is not alive to fix. Third, there is now a requirement in Florida to update the property appraiser with any change in beneficial ownership. Generally the reason why deeds were not recorded in the past was to avoid loss of homestead and keep property taxes lower. Florida's new requirement places penalties on this type of fraud, whether done intentionally or not.

You should have your deeds reviewed by a Florida Estate Planning Lawyer to make sure you are using the right type of deed, are protected from creditors, are not creating additional liability, are not creating unreported gifts and are accomplishing your goals.

Full post as published by Florida Estate Planning Lawyer Blog on July 21, 2009 (boomark / email).