Legal Question in Wills and Trusts in Florida

Re: Property

You will need to petition the court for authority in the county where the property is located . Good luck.

Re: Property

If the deed was in both of your names and you were married at the time you acquired title, and you were continuously married until his death, the property authmatically passed to you under Florida law. You would need to record a death certificate, and perhaps an affidavit or two, but that should be all. The title company or attorney who handles the closing will presumably do a title search and determine what is necessary.

If only his name is on the deed, you will need to go through some type of probate (the type depending on several factors such as the value, his date of death, etc.) here in Florida in the county where the property is located. Please call if I can be of further assistance.

Frank Pyle 1-800-771-7124

Re: Property

I agree with Frank, that it can be simple or complicated, depending on how the original Deed was written. If title in that Deed named you and your husband, with both names on the Deed, it should be simple, unless the Deed stated that your ownership was as "tenants in common". If the Deed had both names, was silent as to any designation, or stated "H/W", or "married", or "JTROS" or "tenants by the entirety", you received ownership by surviving your husband, automatically upon his death. When you sell, you will merely need to provide the title company for the buyer with an original death certificate and affidavit of title. If you were not named on the Deed, or it stated ownership was "as tenants in common", you will probably have to do a probate proceeding where the rest of his estate was administered, to clear the title. If you send me a copy of the original Deed, it would be helpful. A copy can be obtained, if you do not have the original, in the County Recording Office where you live.