Legal Question in Wills and Trusts in Florida
My mother is married to a man who is not by biological father. My mother owns a rental property that she purchased solely (without her husband) with seperate pre-marital funds. The rental income from the property is kept seperate and is not commingled with marital funds, nor is the rental income used to sustain her primary residence. My mother has executed a quit claim deed to herself and my sister as joint tenants with right of survivorship. The quit claim deed has not been recorded. If my mother passes away and the quit claim deed is still not recorded, will the rental property go straight to my sister, or will my mothers husband receive part of the property (there is no will).
3 Answers from Attorneys
Record the Deed. If you don't, you are asking for problems. The husband could obtain part of the property.
Why has your mother not done a will. Call me - they are not that expensive to do.
The deed is valid even if not recorded. But i would have it recorded.
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