How do I go about getting mine and my sister’s names added to the deed?

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How do I go about getting mine and my sister’s names added to the deed?

Our names are on the loan/mortgage deed. The initial deed had my mother’s name, my sister’s name and my name on the deed as Joint Tenants With the Right of Survivorship; all of our names were on the loan/mortgage deed. However, the deed was incorrectly amended to have only my mother’s name on the deed, yet my sister name and my name were on the loan. How do I go about getting my sister and my names added on the deed? Also, I want to include my brother not living in the house on the deed, how would I add him on the deed?

Asked on June 4, 2012 under Real Estate Law, Florida

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 11 years ago | Contributor

Your mother needs to execute a Quit Claim Deed and file it with the County Court listing you, your sister, and your brother on the deed.   In order to avoid the property being put into probate in the future, in the state of Florida you must have the words "Joint Tenants with Rights of Survivorship" on the deed to show how it is owned.  Otherwise, when one of the owners passes away, his/her share of the property would be subject to probate.

david slater / david p.slater, esq.

Answered 11 years ago | Contributor

Your mother needs to execute and file a new deed (with the County Clerk) listing all the owners.


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