Legal Question in Real Estate Law in Florida

real estate

My mother (unremarried) and I (divorced) owned a house by joint tenents. She died. What do I need to file to correct title?


Asked on 2/19/09, 6:33 am

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: real estate

There is nothing that needs to be done. When a joint tenant dies the title passes to the surviving tenant by operation of law. If you were to sell the property at some time in the future in order for your buyers to obtain title insurance proof of death would be needed.

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Answered on 2/19/09, 7:43 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: real estate

If the deed showed you as "joint tenants with right of survivorship", you only need to record a death certificate (without cause of death) and an Affidavit Of No Florida Estate Tax Due in the county where the property is located. That's all. If the deed doesn't mention right of survivorship, you will need to probate her one-half interest.

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Answered on 2/19/09, 11:57 am


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