Legal Question in Wills and Trusts in Florida

a home in a life estate turned upon death to a brother and sister. The brother got married. if he dies does the wife have any rights to the property?


Asked on 7/04/11, 6:36 am

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Rights of the wife to the life estate interest depends on the terms of the life estate. If the provision for a life estate does not give her right of survivorship, the property interest reverts to the grantor as expressed in the life estate. Terms can vary in life estates but generally such interests revert to the grantor; rights depend on the terms expressed in the life estate document, whether it's a will, trust, or other bequest.

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Answered on 7/04/11, 6:53 am

Once the Grantor dies, and under the Life Estate the Grantees take the Remainder Interest, they become the owners. As to the Wife of one of the Grantees yes they can have rights.

If the Grantor hasn't died yet, and if they can't change the Life Estate Deed (which would be called a Lady Bird Deed then), then it depends upon how the Remainder Interest is held. Is it Joint Tenants or Tenants in Common. If silent, it is Tenants in Common and the Wife would have rights.

I do not see it reverting to the Grantor unless a provision is provided in the Deed or Estate Planning Document.

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Answered on 7/04/11, 7:06 am
David Slater David P. Slater, Esq.

It depends on how the brother and sister took the title.

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Answered on 7/04/11, 8:04 am


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