Legal Question in Wills and Trusts in Florida

Lineal successors in relation to homestead real estate

Grandmother provides life estate of homestead to only daughter and 3 grandchildren. Daughter subsequently dies intestate but 3 grandchildren remain on real property title as recorded by grandmother's documentation. Grandson#2, who is married, lives in house as homestead. What are his legal rights in regard to property title?


Asked on 1/18/00, 7:10 pm

1 Answer from Attorneys

Re: Lineal successors in relation to homestead real estate

If a deed has been recorded in which grandmother grants a life estate to her only daughter, then the daughter has rights to the property during her life only, that is the daughter's life, and all other rights to the property remain with grandma because she did not deed them away. Upon the death of the daughter, ALL rights to the property again belong to grandma. So, Grandma owns the property and if grandson #2 is living there, he his doing so because grandma is letting him do so. Grandson #2 has no legal right to be there under the facts given. The above assumes grandma is still alive. If grandma is deceased, then ownership will be answered when her estate is probated because her property rights are part of her probate estate. Of course it is important to know how the property is titled and if grandma sold or gave away any of her property rights other than this life estate to the daughter. Honestly, I think I need more facts to properly answer your question.

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Answered on 2/18/00, 4:11 pm


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