Legal Question in Wills and Trusts in Florida
Condo
My mother recently passed away and left my sister and myself her Condo in Florida. I was the Executor of the Will and it was a Share, Share alike Will so my sister and I have halved everything and my mother made me Power of Attorney prior to her death. To get the Condo put in my sister's and myself name do we need a Survivorship Deed to get it titled in both of our names and do we have to have a new Title Search done on it. My mother paid cash for it three years ago and we maintain it and will pay the taxes on it. I have the title to it along with all the real-estate transactions etc. We just want to put it in both of our names. I'm assuming that it would be like a Warranty Deed with a clause that would read sole-suvivorsors and next-of-kin or something like that. Thank you for your help.
1 Answer from Attorneys
Re: Condo
From your question, I assume your mother was not a resident of Florida at the time of her death and that you were not named personal representative of your mother's estate by a Florida Probate Court. In order to pass good title to you and your sister you may need to cut off the claims of any potential creditors of the estate here in Florida. To do that you will need a court order giving you, as personal representative, the right to sell the condo from the estate of your mother to you and your sister personally. I suggest you contact a Florida attorney to discuss your options. Send me an e-mail if you have any specific questions.
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