How do I add my name to my father's deed? - Deeds

Full question:

I live in Miami-Dade County, Florida. I would like to know how do I go about adding my name to the Deed of my father's property. I have full power of attorney and I am my father's care taker. He has asked me to sell the house after he has passed on and divide it equally between all of us children. I want to do this so it will be eaiser for me to sell the property without any legal issues or problems.

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Florida

Answer:

You name could be added by a deed from Father to Father and you if he is capable of signing a deed i.e. competent. If you hold a power of attorney to transfer property, you could sign a deed to you and Father on behalf of Father as his attorney in fact under the power of attorney. This assumes the power of attorney authorizes you to convey real property and is recorded. If the property is to go to you only, then the deed must contain joint tenants, with rights of survivorship language.

However, this approach may or may not be the proper approach to resolve the issue. If Father dies and the property goes to you and then you give the proceeds to your brothers and sisters there could be tax issues, as well as gift issues. Does your Father have a Will? If he left the property in a Will, with directions that the property be sold and the proceeds divided among the children, that could also be an option. He must be competent to make a Will, if he does not already have one. Does he live on the property? If not, it could be sold now. You will note that there are options as noted above, as well as other options and issues that could exist in your situtation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the process for transferring property ownership in Florida?

To transfer property ownership in Florida, the current owner must execute a new deed that clearly states the transfer. This deed should be signed in the presence of a notary and filed with the county clerk's office. If you hold power of attorney, you can sign on behalf of the owner, provided it grants you the authority to convey real estate. It's advisable to consult an attorney to ensure all legal requirements are met and to avoid potential tax implications.

Can I sell my father's property if I have power of attorney?

Yes, if you have power of attorney that specifically allows you to sell real estate, you can sell your father's property. Ensure that the power of attorney document is valid and grants you the necessary authority. It's also wise to keep your father informed and to consult with a legal professional to navigate any potential issues or obligations that may arise during the sale.

What are the tax implications of adding my name to a property deed in Florida?

Adding your name to a property deed in Florida can trigger gift tax implications if the transfer is considered a gift. Additionally, it may affect property taxes and capital gains tax when the property is sold. It's essential to consult a tax professional or attorney to understand the specific tax consequences and to plan accordingly before making any changes to the deed.

What happens to the property if my father passes away without a will?

If your father passes away without a will in Florida, his property will be distributed according to the state's intestacy laws. This typically means the property will be divided among his heirs, which could include you and your siblings. To avoid complications, it's advisable to encourage your father to create a will that clearly outlines his wishes regarding the property.