What is the Best Way for My Grandpa to Leave Me His House

**Mermaidgirl** · 03-04-2012, 11:25 AM

My question involves estate planning in the state of: Florida

Due to some recent discoveries regarding some family members actions, my grandpa wants to redo some of his estate planning. The main thing now is that he wants me to get his house. He and my grandma are both in a facility and the house was previously to be willed to my mother. The house is jointly owned by both my grandparents, and while it is unanimously expected that my grandma will pass first, my grandpa wants to have something set up just in case. What is the best way to insure the house passes to me? It is owned free and clear and my grandpa is the power of attorney for my grandma.

Should he file a quitclaim and replace her name with mine on the deed? Should he remove her name and just leave it to me in his will? What would be the tax or probate implications, if any, on either of us?

**Mr. Knowitall** · 03-05-2012, 06:15 PM

If your grandparents are both of sound mind, they should be discussing their estate plan with an estate planning lawyer. If one or both are of questionable mental competence, it may be too late to do what you want. You seem to be suggesting that grandma is no longer competent, and we have no reason to believe that grandpa has any legal authority to remove her name from joint assets.

Please clarify.

**Mermaidgirl** · 03-05-2012, 07:52 PM

My grandmother has not been judged incompetent by the courts, and my grandfather has power of attorney for her. One of the provisions state that her POA may

"Sell, rent, lease for any term, or exchange real property or interests in it for such considerations and upon such terms and conditions as my attorney may deem fit, and execute, acknowledge and deliver all instruments conveying or encumbering title to property owned by me alone as well as any owned by me and by any other individuals jointly".

EDIT: This is also on the last page

"The powers conferred upon my attorney in fact extend to all of my right, title and interest in real or personal property in which I may have an interest jointly with any other person, whether in an estate by the entirety, joint tenancy, or tenancy in common, including all property over whichI hold a power of appointment, provided, however, and nothing in this power shall permit the donee of this power, if I am married, to mortgage or convey Florid real property characterized as "homestead property" without the joinder of my spouse, my spouse's legal guardian, or my spouse's attorney in fact in line with the excercise of a power of attorney made by my spouse.