Legal Question in Real Estate Law in Florida

Re: Title Transfer

More information would be required to answer this question, including the opportunity to review the POA's and any other relevant paperwork/documents as well as relevant facts associated with this matter.

Re: Title Transfer

Depending on how the parties read on the original deed (does it say "as husband and wife" after your parents name?), it may be a very simple process.

If the deed says those magic words, the your mother had what is called a "right of survivorship." That means upon your father's death, the house automatically based to your mother.

Depending on whether your mother is competant and able to understand the process, she has the right to convey the property to her children, or anyone she wants.

If she is not able to understand the process or has previously been deemed incompetant, then it becomes a more difficult process.

Be advised that Powers of Attorney in Florida are tricky. In Florida, in order to convey real property with a power of attorney, it must specifically empower the party to sell THAT PROPERTY and give a thorough description. General power of attorneys forms WILL NOT WORK IN FLORIDA TO CONVEY REAL PROPERTY.

The next step would be to consult with an attorney who can review the current deed and advise you on what is required. Your father's death certificate would need to be recorded along with the new deed so make sure to obtain a certified copy of that as well.