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...
What is the purpose of a petition to determine homestead?
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...
Can Family Members Or A Relative Witness A Deed In Florida?
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...
Interspousal Transfer Deed In Florida – Who Needs To Sign The Deed?
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...
Can you record a deed after someone dies in Florida?
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...
Is a deed without the names of the grantees void?
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...