Orlando, FL asked in Real Estate Law for Florida

Q: My mom has a house with a mortgage. Can me and my brother be added to deed or mortgage? So the house will pass to us?i

With out in going into probate? If so how?

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2 Lawyer Answers
Vincent Gallo
Vincent Gallo
Answered

A: Only if your mother so agrees to add both of you to the deed, and as joint tenants.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Ownership of real property such as your mom's house is referred to as "title". Title is changed by a deed by which the present owner (the "grantor", who could be your mom, for example) conveys the property to another person or persons ("grantees", such as you, your mom, and your brother, for example). For estate-planning purposes, there are various ways to phrase a deed so as to avoid probate (tenancy in common with right of survivorship, life estate/ remainder, etc.). There may be adverse tax consequences if it's not done right. See an attorney.

Seril L Grossfeld agrees with this answer

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