QUESTION

we own house in Daytona, 3 peoples names of deed , one of them passed away do we use warranty deed to take his name off title after supplying death ce

Asked on Feb 24th, 2017 on Real Estate - Florida
More details to this question:
just need to know if we need warranty deed to take my brothers name off title he passed away in 2005 and we need title to read JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP , so that me and my mom on title can sell the property with no issues please advise thanks
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1 ANSWER

Real Estate Attorney serving Hollywood, FL at Estevez Law Group, P.A.
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Hello, It may or may not be that simple. The current deed needs to be reviewed to see how title is currently held. That will dictate whether you can file a death certificate by itself, a death certificate with a new warranty deed if changes to title is to be made, or if the property has to go through probate because of the death of the brother. The first two options are simple, the probate will be more extensive but review of the current deed will determine that. I hope that helps! 
Answered on Feb 28th, 2017 at 12:38 PM

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