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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife passed away in Feb. Both our names were on the deed

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My wife passed away in Feb. Both our names were on the deed to our home. Do I need to take action to have her's removed?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss. Can you please tell me if you both purchased/received the deeds at the same time, or, was one party put on the deed later than the other?

Also, was probate filed?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

We bought thr house together and signed all the papers. No probate has been filed.

Thank you, friend.

You and her were joint tenants on the property. This means that if one passes, their interest then is "absorbed" into the other's interest.

As such, lawfully, one in your situation likely now retains 100% interest to the property under doctrine.

The way to confirm this on paper is to file a death certificate with the Recorder of Deeds in the county where the property is located (the office may also be called "Official Records/Recording Services" or something similar), along with a quick form that the office should have that essentially moves the interest from under her name into yours and removes her name from title since she has now passed.

An attorney is recommended for this matter, but is not mandatory. May I recommend the FL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck, and again, I am sorry for your loss.

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