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Ownership after death

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I live in florida. My grandmother transfered mortgage ownership she was holding to her three daughters before death. No probate for estate. Will had survivorship for whatever sisters survive. Mom had 1/3 ownership until she died 2 years ago, her children recived the yearly payment for one year. The house occupants sold the house and the two remaining sisters took the proceeds stating that we had no right to it. If the property is transfered before death does the will (remember it didn't go through probate) have any effect? Can the survivorship be inovked?



florida property

You are correct. If the property was transferred before your grandmother’s death, the will does not effect the property. The answer depends on what type of interest was transferred by your grandmother. If she transferred the property to the sisters as joint property, then the 2 remaining sisters owned the property when your mother died and you have no right to the proceeds of the sale. If the house was in tenancy in common, then your mother’s 1/3 would pass under her will or under the state statute on intestacy, which would pass the property to your mothers children.

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