Charlotte, NC asked in Probate, Contracts and Real Estate Law for Florida

Q: Does joint ownership go straight to probate if one of the owners pass away?

Or does it go straight to the other owner as suvivorship owner?

2 Lawyer Answers
Sabina Tomshinsky
Sabina Tomshinsky
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: It depends on whether the property was owned as tenants in common or as joint tenants with right of survivorship. It is best to have an attorney review the subject deed and advise you accordingly. All the best.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Florida has more than one type of joint ownership. Tenants in Common or joint tenants with rights of survivorship. The key to your question is the exact wording of the way title was taken in the name of the deceased person and the living person.

If you send me a copy of the deed or give me the county and the book and page of the deed I will be happy to look at the same and give you an answer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.