QUESTION

3 persons on a deed (son, mom, grandmother) - deed reads: Son, OR Mom, OR Grandmother. - There was no right of survivorship written in addition to.

Asked on Mar 08th, 2012 on Wills and Probate - Florida
More details to this question:
Grandmother died. What is the process in FL to just remove Grandmother? Is probate court necesary? Or may we should her death certificate somewhere?
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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In Florida, when a deed transfers property to multiple parties, the form of ownership is deemed to be a tenancy in common, unless the language in the deed specifically provides for the right of survivorship (except with regard to property held by husband and wife as tenants by the entirety).  Florida Statutes, Section 689.15. As tenants in common, each of the 3 co-owners would be deemed to own a 1/3 undivided interest in the real property.  Upon your grandmother's death, she can direct where her 1/3 interest goes through her will.  In the absence of a will her share would pass to her intestate heirs. In Florida, that would be her children if she has surviving children, if not then to her grandchildren, and if no grandchildren, then to more remote relatives. To transfer her interest in the real property, it will be necessary to administer her estate through probate.  If the value of her estate is less than $75,000 (other than exempt personal property or homestead), then a summary administration would allow for the fairly quick handling of the estate.  If her assets (other than exempt personal property and homestead) exceeds $75,000, then it will be necessary to administer a formal probate administration. Randy Coleman
Answered on Apr 06th, 2012 at 2:47 PM

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