Comments on: Florida Probate Myths – A trust always avoids probate in Florida http://weprobateflorida.com/florida-probate-myths-a-trust-always-avoids-probate-in-florida/ Toll Free: 877-WE-PROB-8 (877-937-7628) Tue, 16 Nov 2010 21:24:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: long http://weprobateflorida.com/florida-probate-myths-a-trust-always-avoids-probate-in-florida/comment-page-1/#comment-5426 long Mon, 06 Sep 2010 20:04:14 +0000 http://weprobateflorida.com/florida-probate-myths/florida-probate-myths-a-trust-always-avoids-probate-in-florida/#comment-5426 Pete: A quit claim deed transfers a person's interest in real estate to some other party. However, in this situation, it could result in some unintended tax consequences. I would suggest your mother consider an "enhanced life estate deed" (aka Lady Bird Deed) in this situation but not without some consideration for other issues (mortgage liabilities, etc.) As far as "responsible parties v. executors, I couldn't answer unless I knew the context (I would have to read the Will.) Feel free to contact me for phone consult (no obligation whatsoever.) Thanks for your question! Pete:

A quit claim deed transfers a person's interest in real estate to some other party. However, in this situation, it could result in some unintended tax consequences. I would suggest your mother consider an "enhanced life estate deed" (aka Lady Bird Deed) in this situation but not without some consideration for other issues (mortgage liabilities, etc.) As far as "responsible parties v. executors, I couldn't answer unless I knew the context (I would have to read the Will.)

Feel free to contact me for phone consult (no obligation whatsoever.)

Thanks for your question!

]]> By: Pete http://weprobateflorida.com/florida-probate-myths-a-trust-always-avoids-probate-in-florida/comment-page-1/#comment-5360 Pete Mon, 21 Jun 2010 02:15:34 +0000 http://weprobateflorida.com/florida-probate-myths/florida-probate-myths-a-trust-always-avoids-probate-in-florida/#comment-5360 My mother is elderly and living in Florida. My father just passed in Sept. 2009. They have a condo and both their names are on the mortgage. My mother was mentioned in their wills as the responsible party should my father pass which became the case. My brother and I are also listed as responsible parties in their will should my mother pass. What we want to know is do we need a quit claim on their condo? Also what is a quit claim anyway? Also, my brother and I are listed as responsible parties and not as executors...is there a difference between the two or are they actually one in the same? My mother is elderly and living in Florida. My father just passed in Sept. 2009. They have a condo and both their names are on the mortgage. My mother was mentioned in their wills as the responsible party should my father pass which became the case. My brother and I are also listed as responsible parties in their will should my mother pass. What we want to know is do we need a quit claim on their condo? Also what is a quit claim anyway? Also, my brother and I are listed as responsible parties and not as executors…is there a difference between the two or are they actually one in the same?

]]> By: A year ago on WeProbateFlorida.com | WeProbateFlorida.com™ http://weprobateflorida.com/florida-probate-myths-a-trust-always-avoids-probate-in-florida/comment-page-1/#comment-5095 A year ago on WeProbateFlorida.com | WeProbateFlorida.com™ Tue, 24 Nov 2009 22:18:26 +0000 http://weprobateflorida.com/florida-probate-myths/florida-probate-myths-a-trust-always-avoids-probate-in-florida/#comment-5095 [...] Florida Probate Myths – A trust always avoids probate in Florida [...] [...] Florida Probate Myths – A trust always avoids probate in Florida [...]

]]>