Legal Question in Real Estate Law in Florida

I had a deed drawn up a few years ago my son and granddaughter were put on it my son past away last year how can i remove him from the deed.


Asked on 2/21/14, 5:53 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Unless title was held jointly with right of survivorship, his estate must go to probate as he is a 1/3 owner and you cannot remove him.

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Answered on 2/21/14, 6:42 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

It depends entirely on how the actual deed reads. You should consult with an attorney with your paperwork. If title was held in survivorship, you may only need to record a certified copy of his death certificate to clear title for the survivors. As Mr. Slater points out if they held as tenants in common you cannot remove him, his heirs own his share.

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Answered on 2/22/14, 6:39 am


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