Zellwood, FL asked in Estate Planning, Real Estate Law and Elder Law for Florida

Q: Can a quit claim deed be both a joint tenancy with survivorship rights and an enhanced life estate?

My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate. When my mom passed my cousin never got the property in her name only, chain of title is missing some links. My cousins friend had prepared this joint tenancy with survivorship rights/enhanced life estate and he is the only one listed as grantee on this deed.

2 Lawyer Answers

A: You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.

Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: Initially a lawyer needs to perform a title search. Only then can a determination of the present title be made.

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