Legal Question in Real Estate Law in Florida

Can joint property become individual property after death of one of the owners?

Florida property deed states joint property ownership of 2 cousins with no right to survivorship. One cousin has died many years ago, and no will has been filed from heirs to claim their share of property.

1. What rights does the remaining owner have?

2. Is she able to get the entire property in her name?

3. How would she go about doing a 'good faith' search for the heirs?

4. Also, if she finds them and they are uncooperative, then what should she do?

Thanks for your help.


Asked on 6/09/06, 1:00 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Can joint property become individual property after death of one of the owners?

She must petiton the court to have a personal representative appointed to sign over the property.

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Answered on 6/10/06, 11:08 am


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