Q: My wife and I purchased a house in Florida two years ago from a builder and I have a question about the deed.
It is a special warranty deed in my name and hers but does not have the phrase "tenents by the entirety " or tenents in common". Nothing other than our two names as buyers. Will she automatically receive the house when I pass without going through probate?
Our wills leave all tangible property to each other.
A: Assuming the two of you lived in the house and are Florida residents, possibly. But consult with an attorney to be sure. Executing a new deed from the both of you to yourselves in the proper form is an option.
A: This is a relatively easy remedy. You and your wife merely need to deed the house from each of you to each of you. Sounds stupid but that is about it. You will be naming each other as husband and wife of the other in the new deed.
A: Based upon what you describe, no she would not automatically inherit the house. Easy fix though. Have an estate planning or real estate attorney draft a deed to make the property owned as husband and wife (tenants by the entireties). The attorney will know what to do.
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