How to Deed Florida Property

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1st Oct 2017

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By: Wyon F. Wiegratz

As a licensed attorney in both Florida (FL) & Wisconsin (WI), I am often retained by other WI law firms to assist with estate planning for their clients who have property in FL, are actual FL residents, or are planning to be residents in FL. When preparing a FL deed, assistance is often needed from an attorney who is licensed to practice in FL. Because:

  1. There is no standard deed form in FL.

  2. Execution of a deed requires witnesses and a notary.

  3. The document stamp calculations vary for certain counties.

  4. The document stamps apply to not just the recording of a deed but also to any change of status as to liability on a mortgage.

  5. There is no longer a state approved form for submitting the document stamps.

  6. Recording fees (indexing fees) vary.

  7. How trust property is titled differs from the way most in WI would write a deed.

  8. If the property is or is planned to be the owner’s homestead then the trust deed may not be effective to avoid probate unless added estate planning is done.

  9. If homestead, then the trust and the deed should have language allowing for homestead rights in order to get the favorable tax rates.

  10. Clients often need to be coached on how to claim homestead rights after a trust deed is recorded.

  11. Finally, the FL Bar is very aggressive in going after the unauthorized practice of law in FL.

In conclusion, if you plan to transfer Florida real estate it’s important that you speak with a FL licensed attorney.

Disclaimer: The above content is intended to provide general information regarding the subject matter covered. The provision of this information is not intended by the author as legal advice. If you need or desire legal advice, you should consult an attorney for advice specific to your situation. Further, laws change over time so the information should be verified before relying on it.

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