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My father and I both have 50% interest in our house. My father just passed away and my 2 brothers have informed me that they have a quit claim deed givng my fathers share to them. This deed was never filed with the clerk of courts.

Can they still file it after his death?

Is it still valid?

This is within the state of Florida.

Or is my fathers 1/2 split between the 3 of us?

There is also debt still owed on the house.

Thank you,

Lisa

smithsussane · Posted: Fri Nov 21, 2008 7:39 pm Post subject:

Hi Lisa Marie!

Welcome to forums!

As far as I know, as the deed was not filed during the lifetime of your father, it cannot be filed now and so it won't be valid. Whether the property will be split between 3 of you will depend upon you and your brothers' wishes. If there is a change of ownership in the property, then you should let the lender know that. There is a chance that the lender may ask you to refinance the mortgage.

Feel free to ask if you have further queries.

Sussane

Guest

My mom passed away recently and I need to know how to put her house in our name so we can proceed to sell it. there is no mortgage and she is the only one named on the deed. Her will gives all us siblings an equal share in the estate.

jenkin7 · Posted: Tue Feb 17, 2009 1:37 am Post subject:

Hi Eileen,

Since your mother left a will, giving all of you an equal share in the estate, you all are the owners of the property. A probate process will declare you all as the legal owners of the estate, after which you can sell the estate, provided all members agree to the proposal. Thus, I don't think you need to put your name on the title.

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