A few hundred dollars saved today. A lifetime of control given away.
The Situation
A Boca Raton mother wanted to make sure her condo would pass smoothly to her daughter someday, without the cost or hassle of probate. On the advice of a well-meaning friend (not a lawyer), she signed a quitclaim deed (QCD) adding her daughter to the title. It felt simple, cheap, and final in the best way: one less thing to worry about.
What a QCD Actually Does
Here’s what most people don’t realize: a quitclaim deed doesn’t promise someone your property later. It transfers ownership today. The moment that deed was recorded, the daughter became a co-owner of the condo, with every right that comes with it, right now, not “eventually.”
I see this constantly, especially among elderly clients. People think they’re saving a few hundred dollars in legal fees. What they’re actually doing is giving away their present interest in their own property, and with it, their control over what happens to it.
What It Cost
Sometime after the deed was signed, mother and daughter became estranged. It happens. Families are complicated. But now, mom can’t sell or refinance her own condo without her daughter’s signature. If she does sell, the net proceeds split 50/50, regardless of who paid for the home or lives in it.
Yes, she could sue her daughter to force a sale. But that’s not what she intended when she signed that deed at the kitchen table, trying to save a little money and make things easier for her family.
| A Better Path for Florida Homeowners
A revocable living trust, or an enhanced life estate deed (often called a “Lady Bird” deed) here in Florida, can accomplish the same goal, a smooth transfer at death, without handing over ownership, control, or your home’s equity while you’re still living in it. |
The Lesson
A quitclaim deed isn’t a shortcut around probate. It’s a gift of ownership, effective immediately. Once it’s signed, the new owner’s creditors, divorce, debts, and relationship with you can all affect your home. There are other ways to plan for a smooth transfer that don’t require giving up control today.
| If someone has suggested adding a family member to your deed “to keep things simple,” let’s talk before you sign anything. Schedule a virtual consultation with Loughlin Law, P.A., serving Boca Raton and all of Florida. |
