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My parents lived in Georgia and my dad recently passed away. Moved mom to a NH in Florida. I need to sell the house using my DPOA but am being told I need to get a Quit Claim Deed first. Why? How does this affect me personally?

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QCD's are often thought to be a simple way to get around transferring property but they can pose long term problems. QCDs transfer what a person "thinks" is their ownership in the property. There is no guarantee of ownership. It is only a warranty deed that guarantees ownership. Because of this, a WD is almost always required by a lender (like a bank or a mortgage co.) to get a mortgage done to buy a property or to later on get any equity based lending (like a heloc) on the property by the buyer. The banks are totally skittish on QCDs after the last housing meltdown.

Now QCDs most often are done & with no real issues when transferring property in a divorce settlement and the QCD is within the legal document of the divorce and a judge oversees the divorce. I've gotten property this way dealt with an ex & the decree in detail states value & debt service (like the ex has to pay off mortgage) & release of the deed of trust, etc. so its finite as to ownership.

The answers to GardenArtist & Freqflyers ? will make a big difference in why or why not a QCDs is the route to take.

I too have a ?: Is or will moms care in FL ever involve Medicaid?
Is the QCD being done as a part of the settlement of dads estate & if so being done through real actual probate filing at the courthouse OR is this a within more casual within the family division of assets??
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Who gave you this "advice"? And to whom would the property be quit claimed?
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Is the nursing home in Florida asking for you to turn over the house to them to help pay for the future care of your Mom?
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