Legal Question in Wills and Trusts in Florida
My mother had my name put on her home and property as "life estate" a couple of years ago. Can she have my name removed and put someone elses name as life estate without my signature?
3 Answers from Attorneys
It depends upon the deed itself. If it only grants you a remainder interest and reserves a life estate to her, then no. But she can transfer her interest in the property until her demise. Then it goes to you.
However, if the deed goes on and reserves her the additional right to terminate and modify the remainder interest, then yes.
Only a proper reading of the deed will clearly determine what rights she reserved.
It will really depend on the reading of the deed. She may have given herself a life estate as in a lady bird deed which kept the right to her as grantor to sell etc. If this is just a quit claim deed then no.
The title has to state that it is intended to be a revocable life estate (otherwise known as an enhance life estate or lady bird deed). Absent the language, the life estate will be deemed to be irrevocable, requiring your signature to take you off. Should you have any further questions, please feel free to contact me.