Can a Right of Survivorship Be Challenged?

Yes. A right of survivorship can be challenged in some circumstances. It is designed to pass property to the surviving co-owners without probate, but disputes can arise if someone believes the right of survivorship was not properly created or was obtained unfairly. Common grounds include:

Missing or Unclear Survivorship Language

In Florida, a deed to two or more people who are not married to each other creates a tenancy in common unless the deed expressly states a right of survivorship. If the wording is missing or unclear, heirs may argue that each owner's share passes through the owner's estate.

Fraud or Undue Influence

If a co-owner was pressured or misled into creating the survivorship right, a court may set it aside. Claims involving older or vulnerable people are common. For example, an elderly parent adds a caregiver as a joint tenant, and other family members claim the caregiver used undue influence.

Lack of Capacity

If the grantor did not have the mental capacity to understand the deed when signing, it can be challenged. For example, heirs may argue that a person with advanced dementia could not understand a deed adding someone with survivorship rights.

Forgery

A forged deed is generally void and passes no title. A co-owner or heir who proves a signature was forged can have the deed set aside.

Claims by Creditors or Heirs

Survivorship property generally passes outside probate, which limits claims by heirs. A creditor may still argue that the transfer was made to avoid debts, and liens recorded before death can stay attached to the property.

Legal Guidance

These challenges require evidence and can be complex. An experienced Florida real estate or probate attorney can review the deed and the circumstances of its signing.