Legal Question in Wills and Trusts in Florida
My father had a life estate naming his wife as the life tenant and my sisters and I as the remainders. His wife signed the agreement and it was filed with the county in January. He passed away in June. Does this mean she is entitled to seek the sale of the home or she cannot since the a life estate document was signed and documented with the county prior to his death?
2 Answers from Attorneys
An attorney would need to review the document he signed and recorded to make sure it appropriately meets all formalities. If it does than it would be effective as drawn and the wife would only have a life estate. She could sell that but that interest would end upon her death the remainderman would get the property. If not done appropriately an attorney would need to help you figure out who owns the property currently. sorry for your loss
I agree with Mr. Stein. An attorney would need to review the title and deed. Based on what you described, it sounds like your mother could not sell the house outright; rather, she can only sell her life estate interest. Upon her death, the house would go to you and your sisters.
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