en-us https://www.intensedebate.com/users/601478 Comments by long http://weprobateflorida.com/florida-probate-myths-a-trust-always-avoids-probate-in-florida/#IDComment97337379 Pete: A quit claim deed transfers a person's interest in real estate to some other party. However, in this situation, it could result in some unintended tax consequences. I would suggest your mother consider an "enhanced life estate deed" (aka Lady Bird Deed) in this situation but not without some consideration for other issues (mortgage liabilities, etc.) As far as "responsible parties v. executors, I couldn't answer unless I knew the context (I would have to read the Will.) Feel free to contact me for phone consult (no obligation whatsoever.) Thanks for your question! Mon, 6 Sep 2010 20:04:14 +0000 http://weprobateflorida.com/florida-probate-myths-a-trust-always-avoids-probate-in-florida/#IDComment97337379 http://weprobateflorida.com/why-summary-administration-is-not-always-the-best-choice/#IDComment97336798 Opening summary administration is only useful when you list the assets with some degree of precision. In this case, if there is no reason to officially appoint a personal representative (in formal administration) for the probate of other assets, it's best to just wait until a settlement is officially determined and then consider summary administration. Hope that helps! Mon, 6 Sep 2010 19:59:23 +0000 http://weprobateflorida.com/why-summary-administration-is-not-always-the-best-choice/#IDComment97336798 http://weprobateflorida.com/quick-qa-what-is-the-creditor-period-and-why-do-we-need-to-publish-a-notice-to-creditors/#IDComment67361238 Unfortunately, there is no unified, comprehensive database for this type of information. Estates are typically "probated" in the home county of the decedent. If the decedent was a non-resident but owned real estate, probate administration or ancillary administration would be appropriate in any county where the decedent owned real estate. If you anticipate that probate might be opened in a particular Florida county, you can file a "caveat" as an interested party. If the estate is over opened for probate in that county, you will be notified directly by mail or via your attorney. Mon, 12 Apr 2010 06:14:53 +0000 http://weprobateflorida.com/quick-qa-what-is-the-creditor-period-and-why-do-we-need-to-publish-a-notice-to-creditors/#IDComment67361238 http://weprobateflorida.com/avoiding-the-florida-probate-process-is-it-really-that-bad/#IDComment66270832 If I understand correctly, you are asking if a quit claim deed conveys property to two or more people, must the conveyance include the phrase "Joint Tenants With Rights of Survivorship" (JTWROS) in order to avoid probate. The answer is probably yes but only if the grantees are not a married couple. Married people enjoy what is called a "tenancy by the entireties" which has a similar effect of passing property onto the surviving spouse. If however, the grantees are not married, then the most common way to avoid probate is to include the JTWROS designation in the deed. If you are looking to prepare a deed of this sort, consider hiring an attorney to have it done properly. If one of the grantees has already died and the grantees were not married, then you'll probably have to go through probate in Florida. Tue, 6 Apr 2010 20:42:40 +0000 http://weprobateflorida.com/avoiding-the-florida-probate-process-is-it-really-that-bad/#IDComment66270832 http://weprobateflorida.com/need-to-refinance-moms-house-you-might-need-probate-first/#IDComment56597342 @Jack Did you want to finish that question? :) Sat, 13 Feb 2010 04:49:56 +0000 http://weprobateflorida.com/need-to-refinance-moms-house-you-might-need-probate-first/#IDComment56597342 http://weprobateflorida.com/florida-probate-myths-quick-claim-deeds-and-florida-probate/#IDComment49809008 Technically yes, but it could have a few unintended consequences most notably that whoever ends up with the house will not receive a stepped up tax basis in the property. Could be VERY expensive if your husband later sold the house for profit. If there's a mortgage on the property, that complicates things as well. Contact me if you'd like to talk about other options privately. Thu, 31 Dec 2009 19:14:34 +0000 http://weprobateflorida.com/florida-probate-myths-quick-claim-deeds-and-florida-probate/#IDComment49809008