St. Petersburg, FL asked in Real Estate Law for Florida

Q: If deed does not show joint & one passes and no will does property go to other person (they are not related)?

Two friends own a piece of property and one passed away 2 years ago this June. He did not leave a will and we assumed that the property was the others automatically since the deed did not say tenants in common that it was automatically joint tenancy. The property appraisers office said that it should have said joint or tenancy in common but it doesn't. The question is: Is the property his?

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1 Lawyer Answer
  • Deltona, FL
  • Licensed in Florida

A: Unless the deed says the magic words "as joint tenants with rights of survivorship" it is a tenancy in common.

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