NEW DEED NOT NECESSARY
by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com A reader asks: My husband recently passed away. I am concerned that his name remains on the deed to my home. I purchased a fill-in-the-blank form for a new deed hoping to remove his name, but now I’m wondering if I’m doing the right thing. Response: Assuming that you and your late husband owned your home jointly with right of survivorship, and this is almost always the case if your original deed was prepared properly, you, as the surviving joint owner, automatically own 100% of the home. There is absolutely no reason for you to record another deed in
41 Years
an attempt to somehow “remove” your late husband’s name. However, to establish of record that you are now the sole owner of your home, you must record your late husband’s death certificate in the county where your home is located. This will cost $10.00. Also, you should advise the property appraiser’s office of your husband’s death as you are entitled to an additional property tax exemption as his surviving spouse.
Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.
CREATIVE CORNER
The Early Years of Youth by Carl Norman Johnson The early years of youth I remember so very well. Tho’ they are gone, my memory holds them still.
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