My mother passed away, her and my father had joint property. He deeded property to my mom's mother, without having the

Question

deed solely in his name. My grandmother sold the property and my uncle signed the continuous marriage affidavit for the title company, is this legal? The property was also jointly owned by my grandfather, who was also deceased and his name was never removed from the deed. Is this allowed?

Andy Wayne Williamson · Answer

Without seeing the deeds, there is not a way to answer your questions.  I suggest that you consult with an attorney to have them review the deeds and then answer your questions.

Jennifer Isaksen · Answer

Typically, when a husband and wife jointly own property in Florida, filing of the death certificate is all that is needed to pass title to the surviving party.  There are situations where other relatives may have interests in the property, so you would want to have your deeds reviewed by an attorney to be sure.  Best of Luck!  Jennifer

Lauren Nagel Richardson · Answer

In both instances of the deed naming your parents and your grandparents, if they were husband and wife on the deed, and if necessary, there was an affidavit of continuous marriage recorded together with the death certificate of the first spouse to die, then the property is titled to the surviving spouse 100% without there being a need for a probate administration. 
 
A review of the deeds by a lawyer or a title search would show you the steps that were taken to transfer the property to the current owner.

Q: My mother passed away, her and my father had joint property. He deeded property to my mom's mother, without having the