Legal Question in Wills and Trusts in Florida
My dad passed in 2013. His home deed is in his name and my moms with no verbage as to their relationship. My mom wants to sign house deed over to aunt. Do we have to probate his FL estate before we quit claim to her?
2 Answers from Attorneys
No. As husband and wife they owned as "Tenants by the Entirety" . As survivor, your mom is sole owner. However, this may raise a red flag when your aunt tries to convey and she may have to prove their marriage. Both the deed and your father's death certificate should be filed with the county clerk.
The deed needs to be reviewed, but it sounds like she took title by operation of law at your dad's death. This means she can dispose of property as she sees fit. A continuous marriage affidavit and certified copy of dad's death certificate may also need to be recorded to clear title. You really need to review this all with an attorney to make sure it is done properly.