Legal Question in Real Estate Law in Florida

Quit Claim Issue

My wife and her ex boyfriend have a quit claim deed on a townhouse. The ex boyfriend passed away not too long ago. Currently his sister is living in the property. His mother has stated that she beleives that she has a right to this property. My question is, what right, if any, does she have to this land?


Asked on 12/24/04, 1:39 am

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Quit Claim Issue

It all depends on the way the quit-claim deed reads. If they took title as "joint tenants with right of survivorship", then it all belongs to your wife. If not, then she owns 1/2 and the other 1/2 is part of his estate. If he had a valid will, his 1/2 would pass according to that document. If no will, then his 1/2 would pass to his child(ren) if any, and if none, then to his parents. That would have to be determined by the probate court. The sister would not appear to have any interest in the property.

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Answered on 12/24/04, 9:21 am


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