Quick Summary:  Many property owners assume a standard deed protects their heirs. However, unlike a Lady Bird deed, a Warranty Deed  is designed to protect a buyer's title, not  to manage inheritance. If you only have a warranty deed, your property will likely go through probate, and your Last Will and Testament will determine who gets it—not the deed itself. The Common Confusion: "I Have a Deed, Do I Need a Will?" A frequent question we receive at atCause Law Office  involve

Inheriting a home from a parent is a significant life event, but it often comes with complex questions—especially if the property is in a revocable trust and has an existing mortgage. If you are a beneficiary ready to make the home your primary residence, you might be asking: Can I just keep paying the mortgage? Do I have to refinance? This guide breaks down exactly how the situation works under Florida law and federal statutes based on expert insights. 1. How the Transfer of

The Short Answer Yes, a valid deed generally trumps a will.  If a property deed is legally transferred to a new owner ("Person A") before the original owner dies, that property is no longer part of the deceased’s estate. Therefore, the Last Will and Testament has no legal authority over it. Even if the will states that Person A must share the proceeds with others upon selling, they are under no legal obligation to do so if they are the sole owner listed on the deed. The "Have