Legal Question in Real Estate Law in Florida

General Warrannty Deed

Greetings,

I have three brothers and we all from the same mother, however, three of us have the same father. Both parents are deceased. We want to put the property into my name. The online General Warranty Deed form is ideal for our needs, but we all live in different parts of the states, and have different percentage of ownership due to real property law.

How do I go forward completing the online form reflecting ownership and percentage?

Thank you,


Asked on 1/03/06, 3:32 pm

3 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: General Warrannty Deed

I would need more information to try to answer your questions. First, read your first sentence. Is that what you meant to say? Where is the property? Were they residents of Florida at death? Was it their homestead? Did they own it jointly as husband and wife? Which one died first? When did they die? Did they have wills? If so, how did they leave the property in their wills? Has any probate taken place on either of their estates? If so, where and when? Are they selling thjeir interests to you, or just giving you their interests in the property? Are any of you minors (under 18)?

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Answered on 1/03/06, 3:48 pm
David Slater David P. Slater, Esq.

Re: General Warrannty Deed

While your facts appear to be confusing only the estate fiduciary can sign the deed conveying the property to the 3 brothers as tenants in common (the % of each can be listed) in the deed.

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Answered on 1/03/06, 7:06 pm
Sam Calvert Calvert Law Office

Re: General Warrannty Deed

I, too, am confused about your wishes. As far as signing the deed in different places, simply use three different notary statements (use the one on the pre-printed deed and attach two typed versions of the notary). You can say "all their interest" instead of reciting the various percentages. Then route the deed around amongst the three of you who are conveying to you , each of them signing the deed itself (joined in by spouse if any) and having the notary fill in the appropriate notarization form. HOWEVER, if both parents are deceased, AND if title was not in the children's names (such as by parents having a life estate only) then title will have to be taken from the estate of the deceased parents to the children via a probate process. There are other possibilities (e.g., living trust, life estate, etc.) so I would want to get a clearer grasp of the facts before I took action. I am assuming, by the way, that this is Minnesota property, as that is what the question says; there may be different rules in other states.

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Answered on 1/03/06, 9:12 pm


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