Legal Question in Real Estate Law in Florida
I am preparing a warranty deed for my mother to remove her deceased spouse from the deed to their home. Should she be listed as both the sole grantor, and sole grantee? Or should she and her deceased spouse be listed as the grantors, with her the sole grantee? I've already filed death certificate with the county.
2 Answers from Attorneys
If she was the joint owner, she would sign as surviving grantor to herself as grantee.
Impossible to really answer this question without seeing the deed granting her ownership. If it truly is husband/wife or joint tenants with rights of survivorship, then the living spouse after the recordation of the death certificate would be the sole owner. Prepare a warranty deed from herself to herself is unnecessary. If you are transferring ownership to someone else, then be careful as their are real estate and income tax ramifications of such a transfer. Seek some legal guidance.
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