Summerville, SC asked in Estate Planning, Real Estate Law and Civil Litigation for Florida

Q: 2bedroom condo bought 1973. G-ma (owner) died in 2000. Court “distributes” to daughters. Default ownership type in FL?

Broward county FL. I see sales papers between grandma and developer 1973. Later in year, I see a deed JTRS between grandma, and then mom&dad, and aunt&uncle. 5 months later in 1973, I see 2 quitclaims from mom&dad to grandma, and another from aunt& uncle to grandma. Did they undo the JTRS they just made 5 months before?

Grandma dies in 2000. Property goes through probate. I see court document that distributes the property to my mom & aunt. (THAT doc is currently recorded as the “deed” on broward county website). My mom moves down to the condo in 2011. Mom was under impression JTRS still in place. She could not get homestead because aunt in NY listed on property. Aunt never wanted to discuss when mom called her. Mom paid last 11 years all taxes, condo fees, renovation & homeowners ins. Aunt died 3/2022. Her sons say she left them her half of property. 1) Is there still JTRS? 2) Do we need to litigate they have no claim if my mom paid all upkeep/taxes/fees last 11 yrs? Mom is living.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: If this is not an essay question on a college undergraduate or law school exam, it should be.

If it is a (really complicated) real-life situation, get off the Internet and call a probate lawyer in the town where the property is located.

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