It depends on how the title specifically reads. Have it reviewed by an attorney. Joint tenants with survivorship means the property passes to the survivor. Tenants in common means the decedent's share passes to all of her heirs.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
In order to properly answer that question, an Attorney would have to review the deed for the property which shows how the property was actually owned. Upon review, an Attorney would be able to tell you the exact steps necessary related to the property.
You should consult with an attorney, preferably one with experience in probate and real property, bringing with you a copy of the deed. In that way, you will receive an answer specific to your circumstances that is accurate.
Many attorneys who post on Avvo offer a free initial consultation.
Eileen D. Jacobs, Esq.
In the state of Florida, if the deed does not specifically state that the mother and son own the property as "joint tenants with rights of survivorship", then they would be considered to be "tenants in common" which means each of the other owns 1/2 of the property and is entitled to Will, Sell, or give their half away without the consent of the other owner. Best of luck to you.
B. Elaine Jones, Esq.