Legal Question in Real Estate Law in Florida
just
Father died without a will...he owned a house in groveland flroida with the address of 1005 tawny eagle dr..the deed to the house says its a special warranty deed.what is that?he was married and the deed to the house said husband and wife,but his wife is not my mother..what are the laws in florida when my father died without a will,but owned a house as husband and wife,and iam his child but not hers?another question i have documents that i need to be looked over..can u help?
1 Answer from Attorneys
Re: just
A special warranty deed is still a warranty deed,it just limits the extent of the warranty from the grantor. Often used in selling foreclosures, or other unique circumstances.
More importantly, if the deed refers to your father and step mother as the grantees, as husband and wife, the property is held as tenants by the entireties, which includes the right of survivorship. Consequently, title to the property passed solely to your step mother as a matter of law upon your father's death. As for your "rights", Florida intestacy law states that your stepmother is entitled to 50% and you and your siblings are entitled to 50% with some exceptions for family allowances, exempt property, other jointly held property etc.
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