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The biggest downside to putting your home in a trust in Florida is the cost. A standard revocable living trust will typically cost between $1,500 and $2,500, depending on whether you update your other estate planning documents at the same time.
No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
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.
Its customary for the seller of the property to pay for this tax in Florida. Typically, the real estate agent obtains a check for the amount from the seller before the deed is recorded. However, depending on terms of the sales contract, the buyer might cover the tax.
Deeds and other documents that transfer an interest in Florida real property are subject to documentary stamp tax. Regardless of where the deed or other document is signed and delivered, documentary stamp tax is due. The amount of tax due is computed based on the consideration for the transfer.
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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 quitclaim deed is quick and easy because it transfers all of one persons interest in the property to another. However, a quitclaim doesnt make any guarantees about what that interest might be. The deed transfers all claims the seller has to the property, if any.
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.
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.
Property is often transferred into a trust as part of inheritance tax planning however the trust needs to meet certain conditions and to be set up correctly by a solicitor. By putting a property into trust rather than making an outright gift, you are able to control how the property is used after it is given away.

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