Legal Question in Real Estate Law in Florida

Mom and one of her three daughters were tenants in common with right of survivorship for a home owned in Florida. Mom dies, and the one daughter on the deed with mom takes death certificate to the county and has mom removed from deed. Remaining two sisters now claim they should get mom's "share" of the home. Do the sisters have a case?

Asked on 7/16/17, 9:51 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

As described it could not happen. Recorder does not change deed or remove names. Tax assessor could do that, but it does not change title. If held by as tenants in common it passes upon death to heirs. You cannot have tenants in common and survivorship so your facts are confusing. have your documents reviewed by an attorney.

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Answered on 7/16/17, 10:23 pm

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