Not uncommonly, we have prospective clients come into the office after a loved one has died. Their request is often simple...for example:"I need a deed to put Mom's house into my name. Her Will says I'm supposed to get it. Can you prepare that deed for me?" Unfortunately, it's not that simple. In most instances, there will need to be a court order to transfer the property. And in Florida, that means opening a probate.
Prior to 1985, when it came to real estate sales, Florida, like many states, applied the legal principle known as "caveat emptor" or "buyer beware." In essence, that meant that when a buyer bought a property, they did so at their own risk as far as the condition of the property. That trend changed in 1985 with the Florida Supreme Court's ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).