Legal Question in Real Estate Law in Florida

In 1999 I purchased a small home in Cape Coral, FL as an investment and for my folk�s to use on winter visits from Colorado. I instructed the title company to put our names on the deed with rights of survivorship, so that if I passed first they�d own the home to visit their grandkids, and if they passed first the ownership would revert to me. My mom passed in 2007, then my father passed in 2011. Both of their wills also pass their 2/3 interest in the house back to me. When I tried to update the deed I found that the title company had only listed us as three joint tenants, and had omitted the term WROS. This is apparently OK in most states, since joint tenancy includes right of survivorship, but evidently in FL they want the redundant term WROS added. Due to this accidental omission I�ve been told that the title is clouded and that I have to open probate on both of my parents estates. This will be needlessly costly, time consuming and may get complicated by an estranged adopted sister we haven�t seen in 40 years. Any way to avoid probate and correct this �defective� deed? Perhaps an ancillary probate to my Dad�s CO estate?


Asked on 5/07/14, 3:53 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

An attorney needs to review the actual paperwork. If you were tenants in common, than you have no choice but to probate and sell the decedents' interests in the property. The estranged sibling will have an interest. the time to have avoided the problem was at the time of the original sale and purchase. You should have had an attorney at that time to assure your wishes were accomplished.

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Answered on 5/07/14, 6:07 am


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