When it comes to transferring real estate in Florida, a quick deed claim, commonly known as a quitclaim deed, is one of the fastest and most cost-effective tools available. But while it’s a relatively simple legal document, the implications can be significant. If you’re considering this route, it’s crucial to understand the basics and know when to seek legal assistance.
At Lumsden Law, we specialize in helping Florida residents navigate property transfers, estate planning, and real estate law with confidence and clarity. Here’s what you need to know before filing a quick deed claim in Florida.
What Is a Quick Deed Claim in Florida?
A quick deed claim, or quitclaim deed, is a legal instrument used to transfer ownership interest in a property from one person (the grantor) to another (the grantee) without warranties. This means the grantor is not guaranteeing they have clear title—only that they are transferring whatever interest they may have.
This method is often used for:
- Transferring property between family members
- Adding or removing a spouse after marriage or divorce
- Moving property into a trust
- Correcting a title defect
However, due to the lack of title protection, it’s not typically recommended for real estate sales between strangers.
Why Rights-of-Survivorship Matters
If you’re transferring property to a joint owner, it’s critical to understand why rights-of-survivorship matters. This legal designation ensures that if one owner dies, their interest in the property automatically passes to the surviving owner, without going through probate.
When creating a quitclaim deed in Florida, you must clearly state whether the ownership is joint tenants with rights of survivorship or tenants in common. The former provides legal protection and simplifies future ownership transitions—something that is particularly important in estate planning and family situations.
What Is Estate Planning and How Does It Relate?
Many people ask, “What is estate planning?” In simple terms, estate planning is the process of organizing and managing your assets so they’re properly transferred upon your death or incapacity. Using tools like quitclaim deeds, living trusts, and wills, you can avoid lengthy court procedures and ensure your loved ones are taken care of.
Quitclaim deeds can be an effective part of estate planning when transferring property to heirs, avoiding probate, or securing assets in a trust. However, improper use can lead to legal complications, such as title disputes or unintended tax consequences.
Do You Need a Lawyer for a Quick Deed Claim in Florida?
While it’s possible to fill out and file a quitclaim deed on your own, it’s highly recommended to consult with an attorney to ensure everything is done correctly. A small error in the legal description or omission of survivorship rights can result in major issues down the road.
At Lumsden Law Firm, also known as lumsdenlaw, we help clients:
- Prepare and file accurate quitclaim deeds
- Structure deeds to include survivorship rights
- Incorporate deeds into broader estate planning strategies
- Resolve disputes related to property title and ownership
Ready to File a Quitclaim Deed? Contact Lumsden Law Today
A quick deed claim may seem simple, but getting it wrong can be costly. Whether you’re transferring property within the family, as part of a divorce, or for estate planning purposes, the legal team at Lumsden Law is here to guide you every step of the way.
Contact us today to schedule a consultation and protect your property rights.
