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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default How to Acquire a Life Estate While the Life Tenant is Still Alive

    My question involves real estate located in the State of: Florida

    My mother passed away just over a year ago. The trust in her will stipulated that her husband gets a life estate in their home with myself as remainderman. The house has been re-registered as such. The house was previously in a trust with her as trustee, so he was not even an owner before.
    Now her husband wants to move out to a condo that is easier for him to maintain.
    There are several questions.
    How does one have him disclaim his life estate to have the house registered in my name only? I would imagine the county needs some sort of legal document to do so.
    Is he legally owed a portion of the proceeds of a sale or "buyout" otherwise if I am not wanting to sell the property? Does this differ at all when the grantee is not the grantor?

    Thank in advance for any advise,
    J

  2. #2
    Join Date
    Jan 2006
    Posts
    38,537

    Default Re: Sale of Life Estate Pre-Death

    Unless the deed specifically stated the life estate required him to live in the property, moving does not terminate the life estate. He can rent the property if he chooses or leave it empty. If he is willing to relinquish the life estate for no compensation, great. If not he can either retain it or sell it to you or any other taker.

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