If my dad andI were joint tenants with rights of survivorship done, how do I get his name off the property now that he has deid?

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If my dad andI were joint tenants with rights of survivorship done, how do I get his name off the property now that he has deid?

The county doesn’t seem to know and I was made to believe that it would be no problem when we did this.

Asked on April 8, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  As you know, owning a property with rights of survivorship means that on the death of one of the parties the property automatically passes to the surviving owner.  What you can do is to go to an attorney to have a new deed prepared transferring the property from you and your Father to you alone.  Preparing a new deed is the only way to remove his name from the existing deed.  You can not just cross it off.  The new deed will have to be recorded and I am sure that there will be filing fees associated with that from the clerk's office.  Bring with you your Father's death certificate and a copy of the recorded deed.  We have not discussed estate issues here so touch on that with the attorney as well.  Good luck.


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