Legal Question in Wills and Trusts in Florida

Re: step dad wants life estate

Much of your answer will depend upon what has been done prior to and in the course of your mother's current marriage.

Assuming they are husband and wife and that is their primary residence, he could conceiveably elect against any Will and seek a life estate, while claiming homestead.

For him to effectively disclaim his interest after marriage, he should execute a disclaimer, which must accompanied by a financial disclosure by your mother.

Then have a Will drafted that effectively disposes of the house, giving clear instructions to the Executor what is to happen to the house upon your mother's passing ('life estate to step-father' etc., then, per stirpes, to children of mother.).

If you want the property to be sold upon the end of your step-father's life estate, make it clear.

Be sure to use "shall" and not "may" in all dispositions or commands to the Executor/-trix.

Another way to deal with the issue is, after the proper execution of his disclaimer, accompanied by your mother's financial disclosure, is to jointly enter into a Quitclaim deed, wherein your step- father disclaims all interest in the property and conveys all right and title to Mother and Children as tenants in common. The catch to that solution, however, is that he gets no clear right to a Life Estate.

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The statements contained herein shall not be deemed legal advice, nor relied upon as such. No attorney-client relationship is formed and no attorney- client confidence is established by this communication.

Readers are advised to seek qualified legal counsel.

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