Legal Question in Wills and Trusts in Florida

Re: joint trust with right of survivor

If that property is titled in your name then any future title changes would require your signature. Request a copy of the recorded deed in the county where it was recorded to be sure your name is on it.

Re: joint trust with right of survivor

First of all, you must understand what JTWROS means. It is an abbreviation used for the phrase "Joint Tenants with Right of Survivorship". Simply put, all named parties own the property as joint tenants. If one passes away, the survivors own the parcel (it passes immediatley and not through the decedent's Last Will and Testament).

If your father's name is on the Deed with yours, then you both own the property jointly. Both parties would need to execute any documents for a future transfer. If the parties reach an impasse, a suit for partition can be filed asking the court to divide the property between the parties. Often, the only way the property can be evenly divided is for one party to purchase the interest of the other(s) or for the property to be placed for sale on the open market and the net proceeds after all expenses are divided equally between the owners.

This is a serious legal question and if you should meet with a competent real estate attorney to review the particular issues regarding your problem.

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