Aldie, VA asked in Real Estate Law for Florida

Q: My dad has three properties, his health is poor, do the properties go to those named in his will or those on the title?

My dad is in poor health, he is unresponsive. He noted in his will he will leave all estates to his children, split amongst them. Currently, aside from my dad listed on all three of his properties; my brother is listed on the title of one property, my grandmother is listed on one, and the same brother with his wife and my grandmother are on the third. When my dad passes, my other brother (not on titles) and I want to sell the homes and give to our grandmother to take care of her. My brother (on titles) and his wife want to keep the two houses they are on. Does the will trump the titles? Or does my brother have claim to the houses he is on the title of?

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3 Lawyer Answers
Anthony M. Avery
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A: If the Will is Probated, then whatever interest your Father has in the properties will go through the Will devise or the residuary estate clause. If no Will, then his Heirs take his interest. You have not stated the exact estates in the Deeds, but apparently your Father is possibly a Tenant In Common with the other owners of each property. But survivorship requirements might terminate his interests. A title search is in order to determine what he owns, now or later.

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Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: You need to review all the deeds and how they are titled precisely. Also, the deed will rule the day as far as estate planning is concerned, so if a Will says one thing and a Deed says another, the property will be distributed according to how the deed is titled if a probate is required. I further advise, no matter what the Will states, if this is not addressed with proper deed corrections (if possible) and proper estate planning updates, the property will go to the people as listed on the deeds. The Will is not going to matter, think of it similar to pay on death accounts, if Will says one thing and pay on death says another, it is always distributed according to pay on death designation, a deed works in a similar manner. You need to determine if these are deeds that are enhanced life estates, joint tenants with survivorship, tenants in common and so forth as it will make a difference.

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A: It depends on how the deed reads. It may go to the other title holders if there is right of survivorship language in the deed or other similar language. If not, the other title holders would still have their proportional share and your father's share would be disbursed per the terms of his will. You would need to consult with a real estate/probate attorney.

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