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Father died left his property to children on the will but we do not have the deed

Florida |

I live on property for which my father brothers are joint tenants, his older brother has the deed but doesn't want to share any information about it with us can he have us removed from the property

Attorney Answers 3


  1. Best answer

    Prior answers are correct; the deed is available to you by just visiting the county property records at the county courthouse. The fee will just be a nominal per page copy charge. That will confirm who is on the deed. If your father is on the deed solely or as joint tenants with his brother the resulting transfer of the property per your fathers Last Will & Testament upon probate will normally pass the property that your father owned to his children. I suggest you get a copy of the Will and deed at the courthouse and confirm your beliefs. Once this is done and you want you and your siblings on the deed see a probate/real estate attorney. This can be accomplished normally in a simple manner supposing that there are no other issues.
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    822 A1A North, Suite 303
    Ponte Vedra Beach, FL 32082
    (O) 904.280.0058, (F) 904.280.0109
    http://www.danarmstrong.com


  2. Let me start by saying the deed is public information. In most counties in FL you can go onto their web site and get a copy for free. If title is as you say, the two brothers own the property as joint tenants and you have no ownership interest, they can indeed put you off unless you have some legal right to remain. If you have no right to remain, be careful you don't wake the sleeping bear. IF you do have a right, get a lawyer to protect yourself.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.


  3. If the older brother owns it and you don't, I suppose he can have you removed. You don't need his deed to see the deed. The deed is recorded in the public records of your county. They have a picture of it on file. You probably can see the deed right there on your computer if you connect to your local county clerk and look under public records.

    Now your question above is misstated. It say that you "live on property for which my father brothers are joint tenants." Does that mean you father was a joint tenant with one or more of his brothers? If so, then his heirs ought to inherit his share, whatever share that is.

    It is a very complicated matter to get you out of the property if you are indeed a joint tenant of the property. But you are not a joint tenant just because you say you are. You have to have your father's estate probated so that a court determines who the heirs are and who now are the joint tenants to the property.

    If you haven't had your father's estate probated, I suggest that you get to it. Find an attorney that handles wills and probate. It may cost you some but you will benifit from it greatly in the long run.

    But you should know, that the other joint tenants have just as much right to possession of the property as you do and they may be entitled to rent.

    The foregoing is offered for informational purposes only and is not legal advice nor is it intended to create an attorney-client relationship.

    If you found the above answer helpful in answering your question, kindly check the thumbs-up box below.

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