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My mother would like to add me to the deed for her property.

My mother would like...

My mother would like to add me to the deed for her property. The appraiser's office says this may effect the properties eligibility for a homestead exemption. The property is approximately one acre of land with a double wide trailer, located in rural Santa Rosa county. It is presently and will remain her primary residence. Her primary purpose in adding my name to make certain the house goes to me after she passes (which is probably still at least a decade off -- she is in good health).

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I apologize. I found the site using Florida in the search and didn't realize I had found a general site.

Lawyer's Assistant: Has any paperwork been filed?

No, we approached the county deeds office about this, they sent us to the appraiser's office (not certain why), and they sent us off telling us to contact a real estate attorney to figure out whether it impacts homestead exemption.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think there's anything else needed. The appraiser seemed to think there was a big gray area about this, but I don't know what it would be.

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Answered in 2 minutes by:
3/12/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,234
Experience: Real Estate Attorney with over 25 years experience
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H​ello. Let me see if I can assist. I am a FL attorney with over 25 years experience. Give me a moment to review and type my reply.

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I​ recommend that you use a quitclaim deed from your mom as grantor to your mom and you, as joint tenants with right of survivorship. That way, if one you dies, the property automatically passes to the other person outside of probate. If you mom currently has a homestead exemption on the property, it will stay on the property as she is an owner. You will not be able to claim homestead on the property (since she has it). Moreover, the Save Our Homes cap will not be adjusted. adjusted.

Now, if you mother dies and the property does pass to you (as the survivor), you can then apply for homestead exemption and the Save Our Homes cap will be adjusted.

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If so, please be sure to accept my response and post a positive 5-star rating.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,234
Experience: Real Estate Attorney with over 25 years experience
Verified
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Category: Real Estate Law
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