Legal Question in Wills and Trusts in Florida

Re: Title Deed Name Change

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

When your first parent died, the title of the property would belong to the surviving spouse providing it was held in joint tenancy (or joint tenants with right of survivorship). Since both parents have now passed away, in order to change the title to your and your siblings the estate of whichever parent died later will have to be probated in the county in which they resided and the property is located.

Depending on the value of the estate and the date of death of the parent who died later, you may be able to file under Summary Administration in order to save on expenses. Alternatively, you will have to file a formal estate in order to transfer the title to the residence as well as any other asset which needs to be probated.

You will need certified death certificates of BOTH parents as you will have to prove to the court that both parents are deceased. If there is a will, it should be brought with you when you meet with an attorney for filing the probate.

Scott R. Jay, Esq.

Miami, Florida