Legal Question in Wills and Trusts in Florida


How do I remove a deceased person from a deed that has both our names on it?

Asked on 5/20/03, 12:41 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Deed

If you owned it jointly, as survivor you now own it all. You do not have to file a new deed. if you want to you will also have to file a certified copy of the death certificate. If not owned jointly you will need to contact his estate fiduciary to obtain a new deed. Good luck.

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Answered on 5/20/03, 1:04 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Deed

This depends upon how the original title was registered. Husband/Wife, joint tenants with right of survivorship or tenants in common? First two merely need a new Deed by the survivor, referencing the death of the former co-owner. Entirely different if tenants in common, as this would involve the decedent's estate. I need more information to properly respond. You can call me at 973-377-3313 or FAX me a copy of original Deed 973-377-8167. Or write directly to [email protected]

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Answered on 5/20/03, 4:42 pm
Steven Tarta Steven Wayne Tarta, Attorney At Law

Re: Deed

a new deed must be drafted; usually this is done by an attorney. If I can be of service call me 201-444-8448.

thank you,, steve tarta

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Answered on 5/20/03, 6:50 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Deed

Unless you were married to the individual, or the deed specifically says "joint tenants with right of survivorship", you will have to go through a probate process here IN FLORIDA. The process you go through depends on several factors, such as the value of the property, the length of time since death, etc. It may be a fairly simple and not costly process, depending on the situation. Do not listen to the NJ attorney who says you just need to do a new deed. He is blowing smoke. If you would like more specifics, please call me at 407-872-1965 in Orlando, Florida. Although the probate would be done in the county of the decedent's residence, or the county where the property is located (for a non-Florida resident), any probate attorney in Florida could handle it for you.

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Answered on 5/20/03, 8:45 pm

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