Legal Question in Real Estate Law in Florida
Warranty Deed
I purchased some property in 1988 and included my mother on the warranty deed at time of purchase. She died in 2000; how do I proceed with getting her name removed from the warranty deed because I want to sell the property. Also, I have four brothers.
2 Answers from Attorneys
Re: Warranty Deed
First of all, you cannot "remove" a person's name from a deed. When you purchased the property, apparently the title was conveyed to you and your mother. The questions that are important to this relate to how title was conveyed to you and your mother. Did you take title as "tenants in common" or "joint tenants with rights of survivorship"? Was this her homestead? In order to sell the property, you need to determine where your mother's interest in the property went upon her death. You should speak with a lawyer and take a copy of your deed.
Re: Warranty Deed
The answer depends upon how the deed was titled. Your brothers may now have an interest in the property as heirs of your mother.
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