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Assets exempt from probate in Florida include home furnishings in the main residence, up to $20,000 in value; two motor vehicles if in the decedents (deceased persons) name and were used regularly (each not weighing more than 15,000 pounds); tuition programs that are qualified under the IRS Code, Section 529; and
The per page cost to record a document is $10.00 for the first page and $8.50 for each additional page. If there are more than four names on the document, each additional name costs $1.00, and any variation of the name is counted as a separate name.
The most popular method for older clients who want to avoid probate and ensure their property passes to their children was to use a quitclaim deed conveying a life estate to the parent, with the remainder to the child.
The most popular method for older clients who want to avoid probate and ensure their property passes to their children was to use a quitclaim deed conveying a life estate to the parent, with the remainder to the child.
Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.
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In fact, taxes may be due on a quit claim deed even when the property is transferred between spouses. With such transfers, if the property is mortgaged, then tax is generally due on half of the outstanding balance.
A quit claim deed should be filed with the Clerk of Court in the county where the property is located. This will involve taking the deed to the Clerks office and paying the required filing fee (typically about $10.00 for a one-page quit claim deed).
A trustee deedsometimes called a deed of trust or a trust deedis a legal document created when someone purchases real estate in a trust deed state, such as California (check your local laws to see what is required in your state). A trust deed is used in place of a mortgage.
Florida Quitclaim Deeds Should be Properly Filed To ensure the transfer of a quitclaim deed, the original document should be recorded with the county recorder for the county where the relevant property is located. Until the deed is recorded, it is not valid against third-party interests.
You can use a quitclaim deed in Florida even if the property is encumbered by a mortgage. The quitclaim deed does alter or transfer the mortgage and does not change personal liability to pay the mortgage note.

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