Legal Question in Landlord & Tenant Law in Florida

My father purchased a house 15 yrs ago and put the deed in my and my brothers name with him and my step mother listed as lifetime tennants.My father has since passed and my stepmother is still alive but living in a nursing home and is mentally incapable of making decisions. I understand we cannot sell the property while she is alive without her consent but could a family member(my daughter) legally live in the house? I have been told my brother and I are responsible for the upkeep and feel it is better to have someone in it with the understanding she would vacate if the step mother were to ever come back.The property is in Va.

Thank you,

Randy Moore


Asked on 1/20/11, 5:17 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Yes, and her life estate may be abandoned.

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Answered on 1/27/11, 6:21 am


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