Legal Question in Wills and Trusts in Florida

My father had a lifetime estate, held by others. According to him, they had not visited or called him since he moved there. It may be a little more complicated as to how he came to have a lifetime estate but I do not think that applies. He had told us, his children, to divide the furnishings any way we wanted. He had lived there five years, more or less by himself. The house was in disrepair and the furnishings auful. He had a dog as a companion. My question is: How long do we have to remove the furnishings, including applaiances, after his death? He did leave hand written request concerning his burial and dispursement of his personal property.


Asked on 4/01/11, 9:10 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If your father had ownership of a life estate, that life estate and its terms should be recorded, and your father should have a copy of those terms which describe the conditions of the life estate. Generally, the life estate terminates at the death of the holder, but personal property still belongs to his estate and should be removable within a reasonable time by those in charge or administrating his estate (in your case perhaps, family). Contact the owner of the fee simple property and arrange for removal of the personal property. Whether he had any contact with the owner of the real property makes no difference but indicates that he was in compliance with the terms of the life estate. Hope this suggestion helps you.

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Answered on 4/01/11, 9:17 am


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