Legal Question in Real Estate Law in Florida
residential co ownershop
i co own my home with my father, if and when he dies, do i become sole owner, even though my father has a will that says that the home is to be divided between my sister and I? My sister does not have ownership of the house and does not appear as owner on the title or deed. There is no morgage on the home.
1 Answer from Attorneys
Re: residential co ownershop
The first place to look is at the provisions of the Deed to the property to see see if the Deed provides any "right of survivorship". If the Deed provides this right, the ownership of the home will be determined by the Deed and not the Will.
You should check the Deed to make sure you are named as a co-owner. If so, and there is no right of survivorship, your father can only pass what interest he has through his will (a 1/2 interst) which may be divided between you and your sister. You need to know the provisions in the Will as well.
If yoiu need further assistanance, please feel free to e-mail me your telephone number and a time of day to call you.
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