According to Florida law, to sever a joint tenancy, a joint tenant must perform an act that destroys one or more of the four unities of time, title, interest, or possession, thereby precluding the joint tenant from claiming any survivorship interest in the property....
According to Florida law, joint tenancy with right of survivorship generally means when a joint tenant dies, the surviving tenant(s) inherit the entire property, and the deceased tenant's interest does not pass through probate. This means the right of survivorship...
In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent's will or in accordance with Florida statutory...
According to Florida law, a petition to determine homestead in probate is typically filed to change record title to the property or release the personal representative from any obligations related to the property: Generally, petitions to determine homestead are...
No person with a financial interest in the transfer of Florida real estate should act as a witness to a deed. A person who is related to a grantor or grantee by blood or by marriage is not necessarily a person with a financial interest in the transfer. However, a...
According to Florida case law and statutory law, joinder of a spouse is not required in an interspousal conveyance of solely owned homestead property to the husband and wife as tenants by the entirety: We hold that article X, section 4(c), does not require joinder in...
According to Florida case law, failure to record a properly delivered deed until after the grantor has died has no effect on the deed's validity: Moreover, a deed takes effect from the date of delivery, and the recording of a deed is not essential to its validity as...
According to the case law as of the date of this article, a deed without the names of the grantees is void: "There is no question that under the law the deed which did not contain the names of the grantees was void. 16 Am. Jur., page 483, Section 79; 6 Thompson on...