Hollywood, FL asked in Estate Planning, Real Estate Law and Probate for Florida

Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?

The one who died is my brother

and his wife also died long ago.

They have 4 adult children.

The 96 year old, my sister, lives in the condo in North Carolina.

Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they now take steps to establish their 1/3 ownership? 8.33% each. Should we then change the deed to show their part ownership? Should I attempt to buy their part ownership to simplify the situation?

I live in Florida and just found out last month that I was on the deed. Don't believe my brother had known either. We only thought we had cosigned back in 1979 to help our sister qualify.

3 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim deed from your sister in North Carolina if she is capable of executing a legal document. In any event you should consult with a probate attorney who is also knowledge in real property law to have this done for your properly.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You will need to hire a probate attorney and open probate estates for each of the deceased people for their share to be transferred to their heirs by a court order. Then the heirs will have a court order authorizing them to sell the property. There is no other way to transfer the property from the name of the deceased owner to the current heirs. There is no deed that can transfer this interest of the deceased person to the heirs--only a court order in the probate case works to transfer the property interests to the heirs. You are welcome to call my office for a free phone consultation to discuss the estate process. We handle summary administration (small estate administration) anywhere in Florida for a flat fee.

1 user found this answer helpful

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If the estate property is in NC, you will need a NC attorney.

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