Legal Question in Wills and Trusts in Florida
A few years ago my mother put my brother and I on the title to the house. She thought it would be the easiest and best way for he and I to inherit it. She also didn't want our other sibling to get any part of it. Did she do the right thing to keep the house safe?
Asked on 9/19/11, 12:00 pm
3 Answers from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
Without further information, your question cannot be answered. If trying to avoid probate at death, and the deed shows all of you as "joint tenants with right of survivorship", that will avoid probate, and the other child(ren) should have no claim to it. If the words in quotes above are not there, then her interest would go through probate to all her heirs if she has no will. Of course, an heir can always try to claim that she was not competent when she signed the deed.
Answered on 9/20/11, 7:08 am
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