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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My brother & I have inherited my fathers Florida condo and

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My brother & I have inherited my father's Florida condo and wish to rent it out. My father had an attorney draw up the will with the goal to have a non-probatable estate and I was told that ownership of his condo automatically reverts to my brother and myself (since it was homesteaded and he was not married). I further understand that we do not have to change anything the title or file anything with property appraiser's office in order to rent it out but if we were to sell it then we would have to file paperwork. Is this true?
If so, then how would you get the appropriate property/liability insurance on the Condo which is rented if your name our names do not appear on the county records?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.


It sounds like the probate attorney had your father sign a deed giving you a joint tenancy in the property. A joint tenancy means that the second an owner dies, the other owner(s) take that person's interest and it doesn't go into the deceased's estate. If this is the case, your father's interest in the property transferred to you and your brother immediately on his death.


You need to check with the attorney and find out if this is what your father has done. If so, it is true that you don't have to do anything to transfer title and you can apply for insurance as the owner.


If your father didn't execute a deed to you and your brother in a joint tenancy, the condo would be in your dad's estate and you would have to open probate and get a court order transferring the property to you and your brother. Once a court order is entered, you would have to have a deed issued by the estate's representative (executor) to you and your brother.

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