Overview:Deciding title can become complex, as the discussion scenario suggests. Each state may have differing laws for the same scenario. It is vital you understand the need to become familiar with local laws.

Topic:Deciding Title

Scenario(fictional):Caroline Williams, the owner of a 100-acre orange grove in central Florida, had a life estate and a joint tenancy with right of survivorship for her and her three children (Samuel, David, and Christine), created and filed by her lawyer in April of 2003. In February of 2004, Caroline agreed to sell 10 acres for $100,000 to her neighbor Isaac (her stepson), who already owns 80 acres, so that he can build a barn closer to a main highway. Currently his only means of transporting and storing his goods is via a small dirt road from a rundown barn that is close to the end of its useful life and in need of extensive repair. However, Samuel and Christine objected to the sale. Subsequently, David and Caroline sought to end the joint tenancy and convey their interest to Isaac (the stepson). David, and Caroline signed the deed to Isaac; however, Samuel and Christine did not. The deed now reads, "To have and hold for fee simple as Tenants in Common," with Isaac having a 3/5 interest and Samuel and Christine having a 2/5 interest. Isaac filed for a quiet title through his attorney. During this process Caroline became incapacitated and is no longer able to make financial decisions. She has no power of attorney.

• Who owns the property and how much?
• What is a quiet title, and how does this title type differ from a joint tenancy? Please be sure to cite all sources used.