Legal Question in Wills and Trusts in Florida

Re: Joint Tenants with Full Rights of Survivorship

You need to go to the records section for the county in which your mom lived and they will help you locate a copy of the deed for the property. It would have been recorded after the purchase. You can then read the deed and see how the property is titled. Alternatively, you may be able to check with the property appraiser's office and/or the tax collector. Either office will know how the property is titled.

If the property is titled as joint tenants with right of survivorship (JTWROS), then the survivor of the two would have 100% ownership after the death of the other tenant. If the property is titled as tenants in common or does not make mention of how titled is held, then each of the parties owns an undivided 50% interest. In that case, your mother's interest would now be owned by her estate.

I strongly suggest that you consult an attorney in your area who is experienced in real estate law and/or probate law. For a reasonable fee, you should be able to get all of your questions answered. The Florida Bar has a low cost referral service for those who have a need. You can telephone 1-800-342-8060.

Scott R. Jay, Esq. 305-249-8000

Re: Joint Tenants with Full Rights of Survivorship

He has the right to everything if joint tenants with right of survivorship is desiganted.

Re: Joint Tenants with Full Rights of Survivorship

Assuming you are an adult (a minor child would have rights in the estate regardless of a will), you are advised to consult with a local experienced attorney who can determine your rights in the home or other assets. If the boyfriend does own a JTWROS in her property, such property passes at death to the survivor or the joint tenants.