Full question:
My Grandparents are both on the Deed to the home, however my grandfather is Deceased. My Grandmother would like to Deed the property to me and my mother when she passes away. What will she need to do to remove my grandfather, and change the Deed to show me and my mom as beneficiaries.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Florida
Answer:
First, as a general rule of law, if your grandmother were to do nothing about the deed, but were simply to leave the property to whomever she desires in her will, then in the probate of her estate, the title would be cleansed of all right, title, or interest of all other persons in the real property, and the person or persons to whom she leaves the property in her will would receive the property free of all creditor's claims and all other interests. The personal representative of your grandmother's estate would sign a personal representative's deed conveying the property to whomever is to receive it under her will.
Second, if your grandparent's owned the property either as joint tenant's or as tenant's by the entireties, then his death alone, of itself and without any other act by any person, terminated his interest as either a joint tenant or a tenant by the entireties immediately as a matter of law at the moment of his death. A Florida real-estate lawyer or title company by examining the deed could give your grandmother immediate information about the current status of the title to the real property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
