Legal Question in Real Estate Law in Florida
Remove deceased parents' name from warranty deed and add husband's name.
Prior to their deaths, my parents added my name to the warranty deed (for their house and other property) as joint tenants with right of survivorship. Probate is complete.
1. I need to remove their names and add my husband's name to the deed. Do I use a Quit Claim deed, Warranty deed or both?
2. Also, in the warranty deed there is a clause which states: subject, however, to any presently existing oil, gas, mineral interests or other interests or reservations which may be of record, but which are specifically and expressly hereby not reimposed. Is this a normal clause, what does it mean and do I have to transfer the clause to the new deed? Thank You.
1 Answer from Attorneys
Re: Remove deceased parents' name from warranty deed and add husband's name.
1. Either one will transfer your interest. You do need to record your parent's death certificates and a couple of affidavits though. I am not sure why you mentioned probate, because if the three of you owned the property as joint tenants with right of survivorship, probate would not be involved. Accordingly, I cannot assure you that your title to the property is clear.
2. Nothing unusual. You can leave it out.
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