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My husband is deceased and and owns a small lot in florida i want to sell it but only his name is on the deed.

Springfield, MA |

what do i have to do, can i do a quick claim deed to sell it? how do i put it in my name?

I did probate in Mass. But the lot was not included, the lawyer said i would have to go to florida. Can I do this online. At what expense would this cost me. the lot is worthless and I am paying taxes on this myself and have the opportunity to sell. My husband passed on in 1996.

Attorney Answers 4


  1. Best answer

    A "quit claim" deed (which I think is what you mean - it does sound like "quick claim" when someone says it out loud) is simply a deed that doesn't guarantee anything. It says you give "all right title and interest" you have in the property to the buyer. The problem is, that, if you don't own something, you can't sell it!

    So, do you own this piece of land in Florida? The deed does not say so, you tell us. So you need to ask a Florida lawyer. It is possible that you do own the property, if you are the sole heir, or if your husband left it to you in his will, and if Florida law says so.

    If I were you, I would ask this question again, specifying that there is a will, and telling Avvo that you live in Florida rather than in Massachusetts. That way you will get some Florida answers. But I'm afraid no lawyer is going to tell you that you can just sell the property without talking to a Florida lawyer. So you might want to start by talking to a Florida real estate agent instead.

    Once you know what the property is worth, you will know whether it is worth hiring an attorney to help you give the buyer the ownership they are willing to pay for.

    If you already have a buyer, you will want to make sure that you are not spending more on making the transaction happen than the buyer is willing to pay to you. Depending on the circumstances, one solution might be to give the buyer a copy of the deed, tell them the story, and let their attorney figure something out.

    If you own it, you can sell it. Whether or not you own it is a legal question. Whether it is worth paying a lawyer to answer that legal question is a practical question. Sometimes the practical answer is that the legal question is not worth answering, but I don't think you should assume that. Good luck with your Florida real estate adventure!


  2. Unfortunately, you have provided very limited facts to provide you with a proper answer. I can tell you will likely have to probate your late husband's estate and potentially in both Massachusetts and Florida. You should contact a probate/real estate attorney in Florida and have them review your situation. Selling the property is not as simple as it sounds if the property was solely in his name. You may need to obtain a license to sell it from the probate court and, if there was a will, the proceeds could be subject to any distribution scheme established therein. Your best bet is to seek legal advice.

    This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.


  3. You do not provide enough information. Was there a will or a trust? Do either of these documents state who would have rights to the land? Is there language that allows you to sell the property without obtaining a license to sell from the court? Does the land have a mortgage on it? If it does have a mortgage on it, is the amount owed on the mortgage worth more than the land?

    I would suggest meeting with a probate attorney in Massachusetts and Florida as it may be necessary to probate the estate in both states, especially if there was no trust.

    The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.


  4. As the previous attorneys suggested, I would consult with a Florida Probate/Real Estate attorney and address your questions with them. Laws vary with each state and a Florida attorney will better be able to answer your questions. Best of luck.

    The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers

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