Legal Question in Real Estate Law in Florida

need to know

a couple questions,What is a remainder interest in a estate?What is a life estate,and how do you get one?and final question if you own a estate is that considered assets if you die without a will in Florida?


Asked on 7/09/09, 9:08 am

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: need to know

A life estate is a concept used to designate the ownership of land for the duration of a person's life. In legal terms it is an ownership interest in real property that ends at death. The owner of a life estate is called a "life tenant".

Although the ownership of a life estate is of limited duration because it ends at the death of the person who is the "measuring life", the owner has the right to enjoy the benefits of ownership of the property, including income derived from rent or other uses of the property, during his or her possession. Because a life estate ceases to exist at the death of the life tenant's life, this ownership cannot be left to heirs (intestate)or devisees (testate), and the life estate cannot be inherited. At death, the property involved in a life estate (remainder) belongs to the the remainderman named in the document establishing the life estate (deed, will, etc.).

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Answered on 7/10/09, 2:57 pm


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