Legal Question in Real Estate Law in Florida

Re: Deed change upon death of a spouse

There is no deed involved, unless she wants to add someone else to the title or transfer the home. She should have three things recorded in the county where the property is located: (1) Affidavit Of No Florida Estate Tax Due, (2) Affidavit of Continuous Marriage, and (3) a Death Certificate WITHOUT cause of death. That can be done at her leisure.

Re: Deed change upon death of a spouse

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I just reviewed the response of Mr. Pyle whose advice is correct. The only thing I would add is that there is no reason to do anything until your mom decides to sell or otherwise transfer the property. Pursuant to Florida law, inasmuch as the property was in the name of both mom and dad, it immediately vested in your mom at the time of the death of your dad.

Scott R. Jay, Esq., 305-249-8000