Legal Question in Real Estate Law in Florida

My wife's father set up a Lady Bird Deed to her for a Florida condo 5 years ago. Legally that gives her a remainder interest of ownership on his death, with him reserving a life interest, including right to sell during his lifetime. He also made her an oral gift of the condo including exclusive use provided she pays all expenses, which she has done. He made statements of gift to numerous witnesses, but won't put her rights and obligations during his lifetime, in writing. There is now conflict with Dad over another real property the three of us own together and we are afraid he can get vindictive and put the condo up for sale and even evict us without process of law. We have spent considerable funds upgrading the unit.
Can the oral gift be enforced in any way in the courts of Florida or can she sue for damages if he takes negative action and can we get an injunction pending outcome of a suit vs him? We are all Canadian citizens - in effect snow birds.

Asked on 2/12/14, 11:57 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

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You need to discuss these issues with an attorney. You have some significant potential problems on the "oral gift" and its parameters. The deed if recorded would like require your wife to join in any attempted transfer of the entire property to a third party.

Answered on 2/12/14, 12:01 pm

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