Who is executor of the estate if my wife's mother signed a quit claim deed? 1 Answers as of January 27, 2012

My wife's mother signed a quit claim deed at the same time that she wrote her will and made herself and five children joint tenants with right of survivor ship to her house. She also named one of her daughters as executor of her estate. She gave her brother a life estate. She died several years ago and her brother just passed away. Now the daughter that was executor says that the house is part of the estate and she is executor. Another daughter says that all five children are co-owners (joint tenants) and that the house is not or has ever been part of the estate. Who is right?

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The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
A house which is owned as joint tenants with rights of survivorship (JTWROS) belongs to the remaining survivors at the death of one of the owners. Property owned as JTWROS is not subject to probate. Only assets owned in the decedent's individual name (i.e., no beneficiary designation or JTWROS designation) would go through probate and those are the only assets that a personal representative/executor has any control over.
Answer Applies to: Florida
Replied: 1/27/2012
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