Legal Question in Wills and Trusts in Florida

Re: Clear title to real property

Although you do not provide enough information for a definite answer, a personal representative for your mother's estate will probably need to sign a new deed.

Re: Clear title to real property

It sounds like when you were added to the deed on the property by quit-claim deed, that it failed to include the words "as joint tenants with right of survivorship". So when your father died, his interest automatically passed to your mother. But when she died, her interest in the house passed under her will, if any, and if none, then to her children. In either case, a determination will have to be made by the probate court as to how her interest passed at her death. It appears that you currently own 1/3 of the house (maybe 1/2). You need to contact a probate attorney to further explore the situation and to determine who has an interest and how to proceed.

Re: Clear title to real property

Based on the facts provided, the property will need to go through probate. But before any action is taken, I highly recommend you consult with an attorney to at least examine the deed. If probate has already been initiated, contact the Personal Representative. If probate has not yet commenced, you can petition for administration. Depending on the value subject to probate you may be eligible for Summary Administration (a fairly quick and inexpensive process).

Please feel free to contact me directly should you have further questions or require assistance with this matter.