Legal Question in Real Estate Law in Florida
My mother and one brother are on a deed on a property in Florida. Can my mom will her share of the property to me and my four other siblings? She doesn't want the property to be inherited by my brother who is also on the deed. She asked him to sign a quit claim deed to put the property in all six kids names but he won't do it,
Asked on 3/23/16, 9:30 am
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Depends how they are holding title to the property.
Answered on 3/23/16, 10:20 am
Barry Stein
De Cardenas, Freixas, Stein & Zachary
If the property is titled by survivorship than the brother gets it all upon death. If tenants in common mothers share will pass as homestead if that is its status outside probate. Seek legal advice with all the facts.
Answered on 3/24/16, 6:22 am