Legal Question in Wills and Trusts in Florida
My spouse passed away and we have a home in both our names. The will says that I get all of his assets. How do I take off his name and keep my name on the deed to be the owner? Will I have to go thru probate, if not what will this all cost me? And if I need to file where do I file and how? And is it a time limit? Do I have to get an atty to do all this. I am very short on money.
Asked on 3/11/12, 5:10 am
1 Answer from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
No probate is required. You may file a certificate of death. As a joint owner, you
are survivor and entitled to own it. No urgent time limit to file. The will does not apply
to the deed which is in joint ownership. An attorney is not required if you are able to
perform these simple procedures. Check with local Clerk of Courts to file certificate.
Answered on 3/11/12, 7:10 am