Legal Question in Wills and Trusts in Florida

my mom has a power of attorney for her house. she wants me to own the house and for me to never sell the home. I am convincing her to deed me half the house to avoid probate. what legal action can i pursue since i do have interest in the property.


Asked on 6/15/18, 9:41 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

impossible to answer this inquiry in this forum. you need to contact an attorney and discuss the option. there is no such thing as a power of attorney for her house. not sure what that is supposed to me. passing any ownership interest can affect homestead, so that is not a good idea until all circumstances are explored.

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Answered on 6/16/18, 7:33 am
DMD PA DMD Law, PA

I agree with previous answer. You need to see an attorney. However, your mom can give you a life estate. An attorney will explain what that means.

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Answered on 6/16/18, 8:03 am
David Pilcher Bogin, Munns & Munns, P.A.

If the power of attorney has appropriate language, you might be able to change the tenancy on the house from what is most likely now "fee simple" into an "enhanced life estate" for your mother, so that she maintains ownership and homestead protection during her lifetime, but then names you as the remainderman, the person who gets the property after her lifetime. However, if your mother is still of clear mind and you have any siblings, it would be better for her to do this herself without you being involved at all. In any event, you most definitely need to see an attorney who can advise you about all the issues presented by this situation.

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Answered on 6/18/18, 12:52 pm


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