Legal Question in Wills and Trusts in Florida
Location: Miami, FL - My father & my aunt inherited a house. My father passed 1st leaving a wife & child + 2 other children from 1st marriage. My aunt just passed, no spouse 0 children. The Will states she executed a Quit Claim Deed transferring the title to a cousin. Can the house be transferred w/o my dad�s heirs knowing/agreeing? We rcvd a Waiver of Service of Notice of Admin to be signed & retd. Does this = an agreement to the transfer of the house? Shouldn�t my dad�s half of the house go to his heirs? When sold, are we entitled to receive the half of the money from the sale and have it equally distributed among wife and children? Thank You!
2 Answers from Attorneys
It depends on how deed was titled. If they owned it as tenants in common, all his heirs have a 1/2 interest. If owned jointly, with right of survivorship, no.
Mr. Slater states the general rule. You fail to provide enough information to actually answer your inquiry. You are receiving a waiver of service of notice of administration from your aunt's Estate? This would suggest you have some interest as a beneficiary in that Estate. The waiver of notice should not affect your entitlement to assets at all just waiver of formal notice. Did Dad pass without a will? With a will? This matters as well as to who would own his 1/2 interest assuming tenants in common ownership. You really need to seek some legal advice with all the paperwork. Good luck. Sorry for your losses.
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