Legal Question in Wills and Trusts in Florida
Life Estate Deed
I have a Life Estate Deed that I recorded. Do my children who are to grantees have to sign if I now want to sell it? It states that I have the right to sell, convey, mortgage, lease, and otherwise dispose of the property described below fee simple, with or without consideration, without joinder by the remaindermen, and to retain absolutely any and all proceeds derived therefrom. Can I sell it without them signing.
3 Answers from Attorneys
Re: Life Estate Deed
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Having not reviewed the Quit Claim Deed you have, I would be hard pressed to voice an opinion on the specific instrument and its content. Frankly, I do not think the language you cited would be legally proper, however.
When you grant a life estate to yourself with a remainder to your children, you have granted them a future interest in the property. The only way this interest can be extinguished is by the children executing a Deed back to you or to the eventual Buyer.
I strongly suggest that you consult a qualified real estate lawyer who can review the instrument and give you proper legal advice.
Scott R. Jay, Esq., 305-249-8000
Re: Life Estate Deed
From the facts you state, it sounds like you may have an Enhanced Life Estate. Normally with a Life Estate you need the consent of those holding a future interest to sign off on a subsequent deed attempting to convey the property to someone else. However, with a properly executed Enhanced Life Estate you retain a right to revoke the Life Estate and, in turn, convey the property to another without the consent of those named as having a future interest.
I would have an attorney in your area who is familiar with Enhanced Life Estates review the deed before you take any action.
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