QUESTION

My name, along with my parents, is on the deed of a condo in Florida. Both parents passed away this year. They were residence of Indiana. I am a resid

Asked on Dec 02nd, 2011 on Residential Real Estate - Florida
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I am a resident of Florida. The attorney in Indiana is keeping the estate open due to the Florida property. The trust states the estate is to be divided equally three ways(I have two brothers). I may keep the condo because my name is still on the deed. Do my brothers need to quit claim their share to me or is the deed good the way it is? Or who owns the condo as it is? I was told to put my name on it because of Florida real estate laws.
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1 ANSWER

Probate & Trust Attorney serving Fort Lauderdale, FL at Parady & Zikakis, P.A.
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Presuming the deed is otherwise valid and there are no other title issues, if your name and each of your parents' names are the only grantees on the deed to the Florida condo and the words "as joint tenants with rights of survivorship" are clearly stated, then you would become the owner of the Florida condo upon the death of both of your parents.  You would need to record a certified copy of each parent's death certificate in the public records of the county where the condo is located. If the condo was not owned "as joint tenants with rights of survivorship", an ancillary probate will be needed in Florida for at least one of the decedents. Since the facts are often not as simple as initially portrayed, if there are additional complicating factors, please contact local Florida counsel to discuss. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. 
Answered on Dec 07th, 2011 at 2:24 PM

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