If my dad andI were joint tenants with rights of survivorship done, how do I get his name off the property now that he has deid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my dad andI were joint tenants with rights of survivorship done, how do I get his name off the property now that he has deid?
The county doesn’t seem to know and I was made to believe that it would be no problem when we did this.
Asked on April 8, 2011 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. As you know, owning a property with rights of survivorship means that on the death of one of the parties the property automatically passes to the surviving owner. What you can do is to go to an attorney to have a new deed prepared transferring the property from you and your Father to you alone. Preparing a new deed is the only way to remove his name from the existing deed. You can not just cross it off. The new deed will have to be recorded and I am sure that there will be filing fees associated with that from the clerk's office. Bring with you your Father's death certificate and a copy of the recorded deed. We have not discussed estate issues here so touch on that with the attorney as well. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.