Legal Question in Real Estate Law in Florida

I'm a recent widow. My husband and I are on the house deed/title. how do I take his name off?


Asked on 8/15/10, 12:52 pm

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

His name "came off" the title when he died. If you owned your home as "tenants by the entireties" meaning married, or as "tenants with full rights of survivorship", then you are the sole survivor of yourself and your husband. You now own the property free of any other person's interest. If you are trying to add another person to the title, or sell the property, you will need to sign a deed and file the deed along with a certified copy of your husband's death certificate in the county where the property is located. A real estate attorney can handle this for you.

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Answered on 8/20/10, 1:05 pm

Sorry to read about our loss. All you have to do is record a death certificate. Then the property will be solely owned by you. You don't draft a new deed unless you want to change ownership.

However, you might want to consider changing the deed so that upon your demise it avoid probate. An Estate Planning Attorney can take care of these items.

PS Don't forget to file for your widows exemption with the property appraiser. It increases your homestead exemption.

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Answered on 8/20/10, 1:19 pm


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