How do I go about getting the names added to the title of a house deed?

Currently the house is only in my mother’s name. My mom wants to add our names to the deed to avoid probate. I was told that a person must live in the house that has his name on the deed (able to claim Homestead exemption) in order to avoid any creditors to put lien on the property. How do I go about getting the names added to include person not living in the house? Would it be best to re-title the deed using a quitclaim deed as “mom’s name, children’s names living in the house, Joint Tenancy with Right of Survivorship and In Trust Of [child’s name] (not living the house)”?

Asked on June 4, 2012 under Real Estate Law, Florida

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 8 years ago | Contributor

In order for your mom to add the names of her children to avoid probate, she would need to execute a Quit Claim Deed from herself, to herself, and the children (naming them) and making sure to put on the deed that you are Joint Tenants with Rights of Survivorship.  If you do this, it will automatically pass to the children upon your mother's death outside of probate.  Creditors will not be able to put a lien on the property after your mother's death.  However, any liens already on the property would have to be satisfied such as the mortgage.  Homestead Exemption is a separate issue.  You cannot claim Homestead Exemption if you do not reside in the home.  So if your mother passes away, unless one of the children move in and reside at the home, you will not be able to get the Homestead Exemption which saves you approximately $600 on your property taxes. 


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