Legal Question in Wills and Trusts in Florida

Re: Quick deeds

If a husband and wife own real property as joint tenants with rights of survivorship, then upon the death of one spouse the property is owned by the surviving spouse alone when a death certificate is filed in the public records. If the property was not titled as a joint tenancy with rights of survivorship, you will need to go through probate to change title out the deceased spouse's name. I suggest you have an attorney review the deed that shows how the property was titled so you will know what steps to take.

Re: Quick deeds

Adding you to the title by a quit-claim deed or a warranty deed (recommended)will result in documentary stamps payable when recorded at the rate of $7/$1000 of outstanding mortgage, raise her assessment to fair market value, and if you are not living there will lose part of the homestead protection from creditors, among other things. Talk to an experienced attorney before you do anything in haste.