Brooklyn, NY asked in Real Estate Law and Probate for Florida

Q: Explain Florida Statutory Warranty Deed, purchased by a single childless man sold to grantee and “his heirs” and assigns

The elective inclusion of “Heirs,”included in sale and assignment forever:

1. What type of ownership does this deed provide and to whom?

2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??

3. If this establishes a Trust, what kind? Is there a Trust Document? Trustee, etc.?

4. If Affidavit of Heirship & Claim for home filed, what is the required action of Court to these filings?

5. I do not know what I don’t know, please explain.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: 1. Title is in the grantee (the "single childless man").

2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he dies without a will.

3. It doesn't establish a trust.

4. Those questions should be addressed at that time. If such documents have been filed now, more detail is needed.

5. Hopefully the above answers your questions.

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