Legal Question in Real Estate Law in Florida

Before my Mother recently passed away, she added a sister’s name to the deed of the house, joint tenancy with right of survivorship. Sister is claiming, with her attorney’s backing, that the house, property AND contents is now hers, by virtue of the phrase on the deed “Together with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining.” How can I fight this? Everyone knows Mother intended for her possessions to be shared amongst all 3 siblings.

Asked on 10/23/13, 4:29 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Depends on the possessions you refer to.

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Answered on 10/23/13, 4:52 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

Seek some legal guidance with the actual document. Quoting the passages is not enough. You may not have much you can do now depending on what it says. "Possessions" is too broad a term to answer in a question forum like this. A deed could not address jewelry or clothes yet it may address furniture or plants. Seek some legal help. I have seen this same question before so I encourage you to actually speak to an attorney

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Answered on 10/23/13, 6:14 am

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