Legal Question in Real Estate Law in Florida
With regard to piece of real estate that was paid in full and a Warranty Deed that was completed afterwards, what does the paragraph included mean? I would like to know if Jane Doe has the right to sell or transfer the property.
The Grantor, reserving a life estate without any liability for waste, with full power and authority in them to sell, convey, mortgage, lease and otherwise dispose of the property described in fee simple with or without consideration, without joinder of the Grantees, and to retain absolutely any and all proceeds derived therefrom. Upon the death of the Grantor as the life tenant, the remainder to �Jane Doe�, AS TO A LIFE ESTATE. Upon the death of �Jane Doe�, the life tenant, the remainder, if any, to �Susan Doe and John Doe�, as joint tenants.
I'm not sure if this a Probate, Trusts, Wills & Estate, Real Estate, or Family question.
Thank you,
M.
2 Answers from Attorneys
No. All she has is a potential life estate, the right to live there.
I agree with Mr. Slater Jane Doe has a potential life estate. If she does not survive the grantor she will have nothing.
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