Legal Question in Wills and Trusts in Florida
I bought a home in Florida and asked that my name and both my parent�s names be placed on the deed in such a way as to allow rights of survivorship. All three names were listed as joint tenants (not tenants in common). After my parents, died I tried to update the deed to reflect my ownership, but was told it is defective, and requires probate, because the title company had written �joint tenants� not �joint tenants WROS.� Our family attorney in Utah says this kind of deed is standard and legal in most states and that adding WROS is redundant because right of survivorship is an integral part of what joint tenancy is. Look up the term �joint tenancy� in any legal reference and it will say it includes right of survivorship. Is my deed really defective?? Seems not. Any way I can get around this without probate?
3 Answers from Attorneys
In Florida unless with rights of survivorship appears in the grant of ownership, the title is held as tenants in common. This would mean each individual's estate becomes an owner of the property upon that person's death. Utah and other State's laws don't apply. Your look up of joint tenancy has been inadequate. You needed and should have had an attorney assist you in the purchase of the home and these legal technicalities would have been avoided. Seek legal counsel now.
Sorry-probate cannot be avoided in this case.
The magic words "with survivorship" are needed to avoid probate.
As the other Florida attorneys stated,the words "with right of survivorship" must be printed on the title. A married couple can hold title as "husband and wife" printed on the title and right of survivorship is assumed, but that is the only situation in Florida not requiring the works "with right of survivorship". Probate will be necessary, and in Florida you will require a Florida attorney to handle this matter. If it has been over 2 years since your parents' deaths, then you can petition for Summary Administration, a less expensive and abbreviated form of probate.
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