Do You Really Need an Attorney to Prepare Your Deed in Florida? A Real-Life Cautionary Tale

Many people wonder if it's worth paying an attorney to prepare a property deed, or if they can save money by doing it themselves or using a less qualified helper. A real example from a recent office consultation shows why that decision matters.

What Happened When a Deed Was Prepared Incorrectly

A father owned his property outright. He entered a long-term relationship with a woman and decided to add her to the deed. The new deed simply listed both of their names as grantees, with no additional language about their relationship or how they owned the property together—no mention of joint ownership or anything else.

When a deed is silent and does not include the specific words "joint tenants with right of survivorship," the owners are treated as holding the property as separate shares. For two people, that means each owns an undivided 50% interest.

By adding his girlfriend to the deed this way, the father went from owning 100% of the property to owning only 50%, with the girlfriend owning the other 50%.

Later, the girlfriend passed away first. She was never removed from the deed, so her 50% became part of her estate. Two years after that, the father passed away, leaving his son as his sole surviving heir.

The son expected to inherit the full property. Since the deed only listed the two names and was not a special type like a Lady Bird deed (which Florida allows), the property had to go through probate to transfer legally.

However, probate of the father's estate could only handle his 50%. The girlfriend's 50% required its own separate probate because her share did not automatically pass to the father when she died.

The girlfriend had two children who wanted nothing to do with the property and were willing to sell their interest to the son at a very low price. The son thought this would make it simple: probate his father's half, buy the children's share, and own 100%.

Unfortunately, it wasn't that easy. Even after buying the children's interest, two full probate proceedings were still needed—one for the father's estate and one for the girlfriend's estate—to clear the title completely.

The Original Intent vs. What Actually Happened

The deed was not supposed to be worded this way. The intention was for the survivor—whether the father or the girlfriend—to own the full property. Then, when the survivor passed, it would go to their own heirs.

But because the deed did not include the key phrase "joint tenants with right of survivorship," each person's share remained separate. When one died, their share went to their estate and required probate. When the second died, another probate was needed.

This created exactly the opposite of what was wanted: two probates instead of a smooth transfer to the survivor.

Why the Right Wording Matters

Deeds must use precise language to achieve your goals:

• Do you want each owner to have separate shares that go to their own heirs?

• Or do you want the survivor to automatically own 100%?

Without the correct words on the deed, you may unintentionally create complications, extra costs, and multiple probates down the road.

Final Thoughts: Is It Worth Hiring an Attorney?

You can legally prepare a deed yourself or have a non-attorney do it to save money. But as this example shows, missing the right language—even unintentionally—can lead to significant problems later. Consulting a qualified professional ensures the deed is drafted to match your true intentions and avoids unnecessary trouble for your loved ones.

If you have questions about deeds, estate planning, or related issues in Florida, reach out to a trusted law firm for guidance.

This post is based on a real client example shared for educational purposes and is not legal advice. Always consult a licensed attorney for your specific situation.