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Can you file a Quit Claim Deed if a handwritten addition to…

Customer Question
Can you file a...

Can you file a Quit Claim Deed if a handwritten addition to the terms had not been acknowledged (initialed) by both parties. I am in Florida.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I am learning about probating the will since acreage (property) is involved.

Lawyer's Assistant: Have you talked to a FL lawyer about this?

I am trying to avoid legal fees since no cash is involved with the estate.

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

The crux of the issue is a Quit Claim Deed for half ownership of the property dated 2016. A written addition of "rights of survivorship" is on the document but was not initialed by both parties. Is the Quit Claim legal without the acknowledgements of additions?

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/26/2018
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,342
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If the additional terms were not included or referenced in the deed and added later the deed is valid, but not the addendum. That would need to have been done in a separate and subsequent deed or a refiling of the original deed to correct a "scrivener's error"

I am happy to continue if you have further questions.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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