Legal Question in Real Estate Law in Florida

Transfer/Sale of property

My father and grandmother jointly held a small parcel of land outside of Ocala, FL. My grandmother passed in 1990, and my father in 2006. Since the deed was in my Father and Grandmother's names, can the deed be changed and put in my mother's name, or does the property need to be sold to distribute to my mother and the children? My father also has a living brother and sister. Are they entitled to the property?

Asked on 1/14/08, 10:15 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Transfer/Sale of property

Presuming the property was registered GM and F, as joint tenants with right of survivorship, and not just both names on the Deed with another registration (like tenants in common), your father would have become the sole owner of the property on GM's death. The Executor of your father's Will, if already or, if not, can qualify to be appointed in Florida (ancillary probate if your father was not a FL resident), and then merely issue an Executor's Deed naming whomever was to receive his assets under his Will as the new owner. Contact me directly if you need assistance. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 1/14/08, 11:12 am

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