The Hidden Costs of a DIY Deed

It is completely understandable to want to save a little money where possible, especially with the rising costs of living in Florida. However, when it comes to highly valuable assets, trying to cut corners on legal documents can end up costing families thousands of dollars and months of stress.

A recent real-world case handled by our legal team perfectly showcases why a qualified attorney is necessary to prepare a deed. Whether residents live right here in Clearwater, across the Tampa Bay area, or anywhere in the State of Florida, property ownership is not something to leave to chance.

Here are the facts of what happens when a Florida deed is missing a few "magic words."

A Well-Intentioned Mistake

A father owned a property 100% in his own name. After being in a relationship with a woman for several years, he decided to add his girlfriend to the deed.

When the new deed was drafted—likely without professional guidance—it simply listed the two of them by name as the individuals receiving the property (the grantees).

Example of the faulty wording: "Tom Jones and Shirley Wright as grantees."

There was no reference to their relationship, and more importantly, there were no words on the face of the deed explaining how the property was actually owned.

When a deed in Florida is silent on the terms of ownership, the individuals do not automatically own it with survivorship rights. Instead, each person simply owns their own undivided interest. By adding her name this way, the father went from owning 100% of the property to owning a separate 50% share, with his girlfriend owning the other 50% share.

The Consequence: A "Two Probate" Nightmare

Fast forward a few years: the girlfriend passes away, and her name is never removed from the deed. Two years after that, the father passes away, leaving his son as his sole surviving heir.

Because the title simply had the dad and his girlfriend's names, with no beneficiaries listed and no Lady Bird deed in place, the property had to go through probate for the son to inherit his dad's share.

The son was actually very optimistic when seeking legal counsel. The girlfriend's two children wanted absolutely nothing to do with the house and were willing to sell their mother's share to the son for a very low price. The son thought it would be a super easy fix: buy out the kids, do one quick probate for his dad, and own the property 100%.

That is not how it works.

Because the deed was not jointly owned, the girlfriend's share did not pass directly to the father when she died. Her 50% automatically became part of her legal estate.

To fix the title so the son can legally own 100% of the property—especially if he ever wants to sell it—he is legally forced to bring two separate probates to the court:

• One probate for his father's estate.

• One probate for the girlfriend's estate.

The Power of the Right Legal Wording

This entire messy situation could have been avoided. Upon legal review, it became clear that the original intention was for the surviving partner to automatically own the whole property.

Here is a breakdown of how a few words completely change a legal outcome:

Deed Wording	Legal Result in Florida	Consequence Upon Death
Silent Deed (Names only)	Each person owns a separate 50% share.	The deceased person's share goes to their estate (Probate required).
Joint Tenants with Rights of Survivorship	Both people own the property jointly.	The surviving owner automatically takes 100% ownership (No probate needed for the first death).

Because whoever drafted this deed inadvertently left off the phrase "joint tenants with rights of survivorship," the family is now stuck dealing with multiple probates. Sometimes separate shares are exactly what a family wants—but when it isn't, those missing magic words cause massive trouble down the road.

Secure Property with atCause Law office in Florida

A deed must be prepared in a way that actually achieves specific goals. Whether the intention is to establish separate shares or to ensure the survivor ends up owning all the property, the correct legal wording is mandatory.

For those located in Clearwater, Tampa, St. Petersburg or anywhere else in Florida, it is vital not to leave a property's future to chance by trying to save a few dollars with a DIY deed, online templated deed, or having an unqualified friend draft it. Professional assistance ensures it is done correctly the first time.

For Estate Planning services, do not hesitate to reach out to atCause Law Office—the non-stuffy attorneys. Request a Free consultation today!