Legal Question in Wills and Trusts in Florida
Right of survivorship
My sisters and I brought some property from the family estate. In order to try and keep it in the family, we did a joint tenant with full rights of survivorship so it would be passed on from one to the other in case of the death of the other. Now that one of us has passed away, her husband has filed for his portion of the property. His lawyer said that on the deeds it reads: ''tenants in common with full right of survivorship'' and there is no such thing. This was written in 1986. Do I have a leg to stand on or am I left to have to give up her part?
2 Answers from Attorneys
Re: Right of survivorship
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.
There was obviously an error on the part of the scrivenor on the deed, however the intent of the parties should be enough to convince the court to rule in your favor. You should certainly fight to enforce the validity of the deed.
Scott R. Jay, Esq.
Re: Right of survivorship
The provable intent of the parties should control this error.
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