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My husband died recently. We own a house as joint tenants…

My husband died recently...

My husband died recently. We own a house as joint tenants with right of survivorship. The house is also in a revocable living trust under both of our names. Is there anything legally speaking that I should do now ?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

Deed and Trust Agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is no mortgage on the house

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Answered in 5 minutes by:
3/26/2018
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,619
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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My sympathies for your loss;

If a person holds title as joint tenants with right of survivorship, this form of title is controlling. What this means is that even if a will or trust has a different disposition, the title controls.
In order for a trust to have jurisdiction/authority over a piece of property the trust itself must hold the title in its name, and the property must be listed on the trust's schedule of assets.

If the property is held in individuals' names as joint tenancy with right of survivorship that indicates the trust is not the owner, but the couple was. Upon the death of the first tenant, title vests automatically by operation of law to the surviving joint tenant spouse.

Notice of this can be given by providing a certified death certificate for filing to be included in the chain of title.

The notice is given to the clerk of the county where the property is located.

Other forms to include:

http://floridarevenue.com/Forms_library/current/dr312.pdf

http://floridarevenue.com/Forms_library/current/dr313.pdf

also please see this sample affidavit

further questions please post here otherwise kindly rate positively so the site credits me for my time.
Thank you and take care.

LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,619
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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