Legal Question in Real Estate Law in Florida

distribution of property

If my gf, which I am living with, dies before me she wants to leave the home we are in for me to habitate in until my death. And leave the rest of her estate to one of her sons. How does she do this and avoid legal action from her childen.


Asked on 10/25/07, 8:45 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: distribution of property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In order to accomplish this without a problem she needs to either execute a quit claim deed to you and she for life with a remainder to her kids or alternatively name you as the beneficiary of a life estate in her will. Either way, she should review this matter with an attorney and have the attorney draft the appropriate instrument to ensure it is done properly. If she makes an error, you may be left out altogether.

Scott R. Jay, Esq.

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Answered on 10/26/07, 1:11 am


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