Legal Question in Wills and Trusts in Florida
Estate question.
A husband and a wife own property (land) jointly. The husband passes away. What steps (forms)are necessary for the wife to remove the husbands name from the property?
The estate is so small that more than likely she will avoid probate. Is there a waiting period to remove the husband from the joint property?
2 Answers from Attorneys
Re: Estate question.
There is no waiting period. All you should need to do is go to your local recording office (usually County) with a death certificate and ask to have the title changed.
Re: Estate question.
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The title does not change until you issue a Quit Claim Deed to yourself. Most people do not do this however.
It is a good idea to record a certified copy of your spouse's death certificate and an Affidavit of Continuous Marriage. This will let the world know that you now own the property individually. If you do not do this after the death of a spouse, you can do it when you sell or otherwise transfer the property.
Scott R. Jay, Esq. 305-249-8000
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