Legal Question in Wills and Trusts in Florida
My father had my deceased mother's name removed from the deed to their condo last year and added my sister's name the same day. She is the executrix to his will and trust. My father recently passed away and the will and trust states that all personal property is to be divided amongst the children. She did not live with my father, so my question is, does the condo now belong to her alone or should this be considered part of the estate and trust to be sold and the profits equally divided among us children? She is claiming the condo is hers, but no where in the will or trust does it say "I give the condo and all the furnishings to the executrix".
My father was a resident of Florida.
3 Answers from Attorneys
If the deed reads " jointly with right of survivorship" she owns it.
It depends on how he transferred the property. At the time, his will was not in effect. If the condo was properly transferred, then there is not an interest in the condo that would go through the will unless he kept his name on the deed. If he did, then his interest may transfer to his children through the will's provision as part of the probate process. To answer your question thoroughly and accurately, an attorney would need to inspect the title to the property and the time that the events took place.
Lastly, "personal" property does not include land, houses, condos. Those items are considered "real" property. Personal property are assets such as money, stock, furniture, jewelry, clothing, etc.
The deed controls the ownership of the condo. Her status as executrix, which does not exist in Florida, we have personal representatives, does not change the entitlement. Have a probate/real estate attorney review all the paperwork including the initial deed your father and mother received. You said he had her name removed, but you don't say how that occurred. If he properly did that and added your sister in survivorship she likely does own the property notwithstanding what the will may provide.
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