QUITCLAIM DEED

My father passed away in June of 2000 and since the properties were owned jointly it was passed on to my mother without Probate. The properties consist of a primary residence and rental home in Georgia and a lot in Florida.

I am completing a Living Trust for her and these properties will fund the Trust. I am working with an attorney in Florida to process a deed with my mother as the Grantor and the Trust as the Grantee. The attorney informed me that all that was required to do this was an affidavit from my mother swearing that she was married to my fater until his death and a certified copy of his death certificate. He will prepare a new Warranty Deed and have it recorded. The effect for future title examiners is to verify that the property was in fact held in tenancy by the entirety and that the surviving spouse now is the fee simple owner of the same.

My question is what is the process in the State of Georgia to prepare and record a Warranty Deed in this same situation? I am familiar with a Quitclaim Deed but am not sure if I need the same affidavit for proof of marriage as in Florida. When I complete the Quitclaim Deed, do I list my father and my mother as the Grantor and first party and the Trust as the Grantee and second party? Or do I just leave his name off as the first party/Grantor since he is deceased? The required signatures include the first party which is my father and mother. He certainlty can't sign which is my concern. If there isn't any recorded documentaion on record legally deleting my father from the warranty Deed, I am concerned that I will have problems when I try and sell these properties later when my mother dies. All properties are paid for in full.

I have also copied the property description exactly from a prior Warranty Deed. I assume the Plat Book and Page listing is from the original survey and Warranty Deed? I know I have to include this in the description but must I also list all of the other recordings of this Warranty Deed (when my parents purchased the property) and Deed to Secure debt?

Since these properties are going in to the Trust, I want to make sure the recordings of the Warranty Deeds with the Trust as Grantee are Legal and correct.

Thanks

[HomeGuru]

You need to hire an attorney to draft the deeds.