Legal Question in Wills and Trusts in Florida

Re: Is it necessary to remove a persons name from a Deed/Mortgage

Depends on how the deed reads. An estate administration may be necessary.

Re: Is it necessary to remove a persons name from a Deed/Mortgage

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If the title was in all three names as joint tenants with right of suvivorship or in mom's name for life with a remainder to children, you do not really have to do anything at this time. Upon the sale of the property, you will have to record a certified death certificate, Affidavit of Marital Status, and perhaps a Non Tax Certificate (although this last item should probably not be necessary). It is a relatively simple process.

If you still have doubts, I would suggest that you consult with a real estate attorney who can review your deed and give you advice on your particular situation.

Scott R. Jay, Esq.