Legal Question in Wills and Trusts in Florida
The mother has a deed with two siblings being on it with LE (LIfe Estate) Can one sibling that has POA now do anything to change that and is a sibling signing a Quit Claim Deed the only way the other sibling can be removed? One greedy sibling is trying to get at the others share of the mothers home.
2 Answers from Attorneys
It is unclear from your question whether the mother has the Life Estate or if it is the children. If it is the mother then there is no interest in the home that could be conveyed to either of the siblings on behalf of the mother. The person holding the Life Estate interest has no real interest in the property, nor can the person with a Life Estate change the deed.
First, a lot depends upon what exactly the LE Deed says or doesn't say. Second, you can't self deal under a POA. Beyond that, an attorney needs to review the deed to be more specific on what could or could not be done.
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