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urcrzyno

Junior Member
What is the name of your state? Florida

My x-husband passed away recently. We have knowledge of a will but can not find it. I did however come across a quit claim deed signing the property over to me. I took it to the court house and recorded it. It is listed as unverified. What does that mean?
 


seniorjudge

Senior Member
Q: My x-husband passed away recently. We have knowledge of a will but can not find it. I did however come across a quit claim deed signing the property over to me. I took it to the court house and recorded it. It is listed as unverified. What does that mean?

A: Ask the person who listed it as unverified.
 

tranquility

Senior Member
I don't know FL law and don't know about what verification means, but the quit claim is problematical. This is one of the reasons people should hire lawyers when they do legal things they know little about.

What does the quit claim deed mean? What are you trying to accomplish by having filed it?

If the quit claim is good, you have the right to the property at the husband's basis for the gift. The estate should file a gift tax return. However, deeds need to be delivered to be complete. Leaving it in the drawer where you find it after death is an invitation to litigation. Deeds are not meant to be used as wills.

If the quit claim is not good, if the will is not found (or non-existent), the right to the property will pass by intestate succession. The heirs will receive the property with a basis of the FMV at death (or, alternative valuation date).

This is not that unusual situation and the courts are all over the place on how the situation is treated. I'm not going to do a Florida search as the end result is very fact sensitive. See an attorney no matter what you find out about verification. *You* may be the one to sue yourself!
 

urcrzyno

Junior Member
I found out that it was unverified because the clerks office has not caught up with that date yet.
Also, the quit claim was given to me by him in the past. I had just lost track of it in the files. After the document is verified by the clerks office. What do I need to do to put the house title in my name?

Thanks for all your help
 

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