Legal Question in Wills and Trusts in Florida
owner of property
my mother and i filed a quit claim deed putting her house in both of our names. she died. does the house transfer into my name or do we have to go to probate. the only other thing she owned in her name only was a car.
Asked on 6/25/02, 2:19 pm
1 Answer from Attorneys
Re: owner of property
If property is held by two people with a "right of survivorship" then it will transfer outside of probate to the survivor. It is more likely that you and your mother each owned 50% and you will need to go through probate to have her half transfered to you. As to the automobile, if it were titled as belonging to "you OR your mother" you would be able to avoid probate. If the car is held in your mother's name alone, you will need the help of your local probate court to sell it.
Answered on 6/25/02, 4:01 pm
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