Legal Question in Real Estate Law in Florida
My brother and I inherited my mother's home in Florida. She had an enhance life estate deed stating that the property will go to my brother and I for life and then to our heirs. We are trying to sell the home and the title company is having an issue because our heirs were not named. I am confused because me and my brother are still alive- the deed has our names on it with life estate next to them...why does it matter who our heirs are and what do we have to do to get this house sold?
2 Answers from Attorneys
Seek the help of an attorney. You can only technically sell your life estates as your heirs remain entitled to the remainder interest. Those heirs would need to join in the conveyance.
You definitely need to seek legal counsel with this issue. An experienced Real Estate and/or probate attorney should be able to assist you. The problem you are experiencing results from you and your brother ONLY having a life estate in the property. That means you do not have legal right to dispose of the property. Your only rights are possession during your lifetime.
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