Legal Question in Family Law in Florida
quit claim deed with life estate
In my 1986 divorce, i received a quit claim deed to property in new hampshire with my husband having a life estate. for 5 years he has not been to the property and it is deteriorating. is there any way i can take possession now? he is incapacitated and will not be able to go there again. can i get him or his estate to make needed repairs?
1 Answer from Attorneys
Re: quit claim deed with life estate
When we reserve a life estate in a conveyance by deed, we expressly provide that the holder of the life estate is responsible for taxes, maintenance, insurance, etc. Failure to pay such expenses, to live on the property, or to rent the property to another person may be grounds for terminating the life estate. Advise you to hire an attorney to handle action terminating the life estate unless you can obtain such consent from the holder, his guardian, attorney-in-fact under a durable power of attorney, or other person authorized to act for him, since you indicated he was "incapacitated". The life estate could then be conveyed to you or another person, and is thereby "terminated."
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