Legal Question in Real Estate Law in Florida

Probate real estate

My father passed away, no will, and my mom would like to remove his name from the title of their home. How can she do that?


Asked on 6/12/09, 11:49 am

3 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Probate real estate

Don't listen to Slater. Doing another deed is ridiculous, and something I would expect him to suggest. All she needs to do is record a death certificate WITHOUT cause of death. That can be done later when/if she sells or refinances the home. She should also record an Affidavit Of Continuous Marriage and an Affidavit Of No Florida Estate Tax Due.

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Answered on 6/13/09, 10:52 am
David Slater David P. Slater, Esq.

Re: Probate real estate

It is not necessary but she can file a new deed as survivor and a copy of the death certificate.

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Answered on 6/12/09, 11:58 am
Lawrence Tolchinsky Sackrin & Tolchinsky, P.A.

Re: Probate real estate

Assuming that the property was owned jointly at the time of your father's death and there are no other issues, your mother should record, in the Public Records where the property is located, his Death Certificate and an Affidavit regarding no estate taxes being due. That action will make it so your mother is the sole owner of the property.

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Answered on 6/13/09, 4:09 pm


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