Legal Question in Wills and Trusts in Florida
Probate Question Regarding Life Estate and Abandonment
my father passed this past year here in florida. he had remarried a few years ago before his passing, leaving a will that named his adult children in the will his real property. his spouse who has a life estate in the property (the home) is choosing to leave the home abandoned and is not paying any taxes, insurance or upkeep on the property and does not want to be involved in anything else with the home.my question is this..if she does this, may the children of the deceased spouse move into the home and take over complete financial responsibility of the home?
1 Answer from Attorneys
Re: Probate Question Regarding Life Estate and Abandonment
Generally, yes. Of course, the rights and duties depend on the life estate provision, and whether it is contained in the deed or merely in the last will. The other beneficiaries may assume responsibility for the property, however, if the provision is in the deed, it is advised that the owner of the life interest relinquish that right or gift in writing by transfer of the life estate interest to the other beneficiaries, and that instrument be recorded. Otherwise, she may claim the interest later, or it could complicate the ability to convey the property at a later date. If the life estate is mentioned in the will but not in the deed, then she should expressly relinquish her right in a recorded document so that there is no subsequent issue. You are advised to consult with a local attorney for review of the documents and drafting of appropriate relinquishment or transfer of interest.
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