Legal Question in Wills and Trusts in Florida
Where to find an amended deed?
My mom is 1/2 owner of a house. The other owner has passed away. The deed is in both of their names. The other owner's children are saying that he willed his 1/2 of the house to them, but aren't producing any written documentation of it. (I don't know if there is a right to survivor in the original deed). If there have been any changes to the deed, would they be listed with the origianl deed information? Where do I look to find out if the deed has been amended to include his children's names as part owners? We have lost contact with them and don't know if we should assume my mom owns the entire house now or not.
2 Answers from Attorneys
Re: Where to find an amended deed?
Check the recorded deeds with the County Clerk. If they are claiming rights under an unrecorded deed they will have to produce it.
Re: Where to find an amended deed?
Their claim could be based upon statutory distribution to heirs when there is no will.
Get a copy of the deed and take it to an attorney in your area.
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