Legal Question in Wills and Trusts in Florida

Re: tenants by the entirety

Off the top of my head, it looks like somebody screwed up the deed. Tenants by the entirety is ONLY between people married to each other: John Doe and Mary Doe are identified as being married to each other so there's right of survivorship between them: the problem is that the Jane Doe is identified as being single, and obviously, is NOT married to the other parties; and she can't be a 'tenant by the entirety' if she's not married. Odds are, the default ownership is as tenant in common; when she dies her share will probably pass to all of her children; and yes, they could conceviably force a sale.

You need to show deed to and talk to a lawyer about this.

Re: tenants by the entirety

This is a common situation I run into - makes for business for me, since probate is required for Jane's share of the property when she dies. Usually it is because the preparer of the deed didn't understand survivorship rights on real estate, or didn't realize the parties' intent. Upon John Doe's or Mary Doe's death, his or her interest would pass to the other if they continue to be married until death. Upon Jane Doe's death, her interest in the property would pass as part of her estate, not automatically to John and Mary Doe. The three of you need to sign (all at the same time)and record a new deed from the three of you providing for the right of survivorship if you want Jane's share to pass to you upon her death without probate (and without her other children being owners with you - or her new husband if she were to remarry, in which case she would absolutely need a premarital agreement).

Re: tenants by the entirety

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This appears to be a scrivenor's error in the preparation of the deed. John and Mary can certainly have a tenancy by the entireties as a married couple but not Jane who is the daughter. Unfortunately, based on the error, the estate of Jane would probably have to be probated and devised through probate.

In order to avoid that, they should meet with an attorney and execute a new deed correctly setting forth the ownership interests of each of the parties and whether or not a right of survivorship is intended to be formed in the event of the death of one of the owners.

Scott R. Jay, Esq.