Legal Question in Wills and Trusts in Florida
a Canadian husband and wife are buying a Florida home and want to add their daughter to the deed-if they take title as tenants in common with right of surviorship, can they too avoid probate?
Asked on 4/26/12, 11:09 am
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
As husband and wife, they take as "tenants by the entirety (automatically jointly)". If they add their daughter this changes to joint tenants with right of survivorship. This avoids probate for this asset.
Answered on 4/26/12, 11:58 am
Not tenants in common with right of survivorship (those are conflicting terms). It is joint tenants with the right of survivorship.
Answered on 4/26/12, 1:45 pm
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