Who Inherits Florida Real Estate When 2 Names Are On the Deed– Florida probate law

Uncategorized • May 7, 2016

Who inherits Florida real estate when 2 people’s names are on the deed and one person dies? Ask any Florida probate lawyer and they will tell you that the answer may be legally “clear”, can be confusing to many heirs and probate beneficiaries. Why?

Who Inherits the Florida Real Estate?

If two names are on the deed, do the people own it as tenants in common or joint tenants with a right of survivorship?
Consider this: mom and daughter own a piece of Palm Beach real estate
Both names are on the Florida deed
Mom dies in Boca Raton, Florida and her estate lawyer calls you to start a probate
Does Daughter inherit 100% or all of the real estate now that mom is dead?
Or, does mom’s Palm Beach estate get 1/2 of the land, equal to mom’s interest on the deed?
Can daughter make a claim in mom’s estate or probate in Delray Beach that she owns all of the real estate in Florida?

Here’s what you need to know about deed title in Florida in a probate case

First of all if there is any Florida real estate lawsuits or litigation, you need to ask your estate lawyer in West Palm Beach about the local action rule
To file a lawsuit about Florida realty, you generally have to sue where the property in located
You can’t sue in Orlando, generally, over Palm Beach Gardens homestead or real estate
Secondly, a quiet title action or Florida lawsuit may need to be filed to clear title and determine the true owners
If someone is dead, you may need to open a Florida probate and get a personal representative appointed to represent a deceased person’s Florida estate
Check out the Florida probate code and the Florida Probate Rules so that you are following all the estate laws
Third, if the property is a house or Florida homestead, be careful
Many estate litigation law firms in Florida will tell you that homestead is often challenged,mis-understood and mis-applied
If you have a homestead issue, one litigation question for your trust or estate trial lawyer is whether or not you MUST litigate that issue in a probate lawsuit or rather in a civil action
Between spouses, those who are validly married, there is a presumption of tenancy by the entireties in Florida which creates a right of survivorship
Tenants by the entireties in Florida is a very valuable property right for widows and spouses and married people. Even if you don’t live together, hate each other, and are separated, if the deed is a tenancy by the entireties deed, and you did not waive your rights, you inherit ! The only requirements are that you are still validly married and that you did not waive or give up your deed rights or inheritance rights in some settlement agreement
Between two or more non spouses, each takes a half interest or equal interest, in the real estate if their names are on the deeds without anything more
To get a survivorship feature to a Florida deed, you need special language creating a right of survivorship
A survivorship right will not assumed when names are on a Florida deed or piece of real property without deed words or language creating a survivorship right
To read more about inheritance rights or rights to Florida real estate when two or more names are on the deed, read the Simon v. Koplin case
Tell your real estate litigation law firm in Florida that you want to know about your inheritance rights under a deed and to get the Simon case, which is located at 159 So. 3d 281
This Florida real estate appeal case is from Florida’s 2nd District Court of Appeal.
This Second District Court of Appeal case was issued March 4, 2015