Legal Question in Wills and Trusts in Florida

Olivia conveys black-acre by quitclaim deed to Faith, Brittany and Ricky as Joint Tenants WROS. Faith sells her interest to Shaina (a friend). Brittany dies and conveys by will her interest to Garth. Then Ricky dies intestate. Garth commences an action in partition naming Shaina and Ricky's heirs. Shaina makes a motion to dismiss the case, What happened?

This is a hypothetical in the state of Florida...

Bouncing this off of anyone who can help. First, Why a quit claim and assuming Olivia is the full owner of Black acre, I thought JTWROS was reserved for only husband and wife. Not to mention the minute Faith sells to Shaina the four units are broken, So now I'm lost in what is going on and trouble shooting this entirely. Help?


Asked on 12/30/10, 9:21 pm

1 Answer from Attorneys
Richard Kaplan

Are you sure you are not a law student?

First, when someone sells an interest in a jointly owned asset, it breaks the right of survivorship provision. So when Faith sold her interest the property becomes owned as Shaina, Brittany and Ricky as Tenants in Common. I presume there is no agreement restricting the ability to sell.

Brittany can Will her property to Garth. Ricky's interest goes to his heirs by Intestate Succession. I don't know the grounds for dismissing the action, so I can't tell you what happens.

Second, why not a quit claim deed (of course assuming the Olivia was the full owner, and was either unmarried or it was not her homestead (cause then the deed would have needed to be joined by her spouse))? JTWROS is not reserved only for husband and wife. Tenants by the Entirities (which is similiar to JTWROS but not exactly the same) is only for husbands and wives.

Hope this helps.

Read more
Answered on 1/05/11, 5:22 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida