Legal Question in Wills and Trusts in Florida
Survivorship Property
My Uncle died. In his will he stated that his property (21 acres) upon his death was to be divided among his 3 children. The stipulation was that his second wife was to be able to live on the property until her death. Are my cousins responsible for the property taxes, and can they at this time divide the property and build homes there also?
2 Answers from Attorneys
Re: Survivorship Property
If they take title they are responsible. Since his wife is entitled to a life estate I do not see how they can divide and build.
Re: Survivorship Property
Generally, the life estate holder is responsible for payment of taxes. Furthermore, the cousins cannot divide and built out until the end of the life estate when they would then take possession unless the person with the life estate relinquishes some or all of her rights.
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