The "Silent Deed" Mistake: How Saving Money Caused a Double Probate Nightmare

Is it worth paying extra money to have an attorney prepare your deed, or can you save a few dollars by doing it yourself or using a less qualified preparer?

Many people assume a deed is just a piece of paper with names on it. However, a recent case in our office highlights exactly why "saving money" on a deed can end up costing your family thousands of dollars and years of stress later.

Here is a real-life story of how one missing phrase caused a "double probate" nightmare.

The Real-Life Scenario: Dad, The Girlfriend, and The Deed

The facts of the case were simple, but the outcome was complicated.

• The Owner: A father owned a property 100%.

• The Change: He entered a relationship with a woman for several years and decided to add her to the deed.

• The Mistake: The new deed simply listed their names (e.g., "John Doe and Jane Smith") as the "grantees" (the people receiving the property).

The deed was silent. It contained no reference to their relationship and, most importantly, no words describing how the property was actually owned.

What Happens When a Deed is "Silent"?

If a deed does not explicitly state that the property is jointly owned with "rights of survivorship," the law defaults to individual ownership.

• Dad went from owning 100% to owning a separate 50% share.

• The girlfriend owned her own separate 50% share.

They did not own it as a single unit; they owned undivided interests. This distinction became critical when tragedy struck.

The Consequence: A Double Probate Nightmare

Years later, the girlfriend passed away. She was never removed from the deed. Two years after that, the father passed away.

The father left behind a son—his sole surviving heir. The son assumed he could easily take ownership of the property. He even had a stroke of luck: the girlfriend’s two children wanted nothing to do with the house and were willing to sell their interest to the son for a very low price.

The son thought, "Great! I’ll buy out the girlfriend’s kids, probate my dad’s estate, and own the home 100%."

That is not how it works.

Because the deed lacked specific language, the girlfriend’s share did not automatically pass to the father when she died.

1. The Girlfriend's 50%: When she died, her share became part of her estate.

2. The Father's 50%: When he died, his share became part of his estate.

Why "Buying Out" the Heirs Wasn't Enough

Even though the girlfriend's children were willing to sell, the title was legally stuck in her estate. To transfer the property cleanly to the son, two separate probates are now required:

• One probate for the father.

• One probate for the father's girlfriend.

The son is now facing the expense and time commitment of two court processes just to clean up a title that was supposed to be simple.

The "Magic Words" That Were Missing

This legal mess happened because the person who prepared the deed (likely trying to save money or inadvertently leaving it off) failed to include the "magic words":

"Joint Tenants with Rights of Survivorship"

If the deed had included this phrase, the ownership would have automatically transferred to the survivor.

• If the girlfriend died first, the dad would have instantly owned 100%.

• When the dad died later, his son would only have to deal with one probate for his father’s estate.

Because those words were missing, the default rule applied: separate shares, separate estates, and double the legal work.

The Lesson: Goals Matter More Than Names

This example illustrates why deed preparation is about more than just typing names on a page. It is about matching the legal document to your life goals.

Before preparing a deed, you must ask:

• Do you want separate shares that pass to different heirs?

• Do you want the survivor to automatically own the property?

• Is this a "Lady Bird Deed" (common in Florida) to avoid probate entirely?

If you don't know the difference, or if your deed is silent, you risk leaving your heirs with a tangled legal web.

Need Help with a Deed in Florida?

Don't leave your property ownership up to chance. Ensure your deed says exactly what you intend it to say.

If you are in Florida and have questions about deeds, estate planning, asset protection, or elder law, please don't hesitate to reach out. We are atCause Law – The Non-Stuffy Attorneys

Note: This post is based on a specific transcript regarding Florida law. Laws vary by state, so always consult a qualified professional in your jurisdiction.