Clermont, FL asked in Estate Planning, Real Estate Law and Probate for Florida

Q: Does a will override a life estate? Can a life estate ownership transfer to a spouse under Florida law?

My grandmother executed a will leaving her home to my mother and after my mother’s passing the home was to go to my brother and I. While my mother was under hospice care a day before she passed a living trust was executed for my stepfather which he verbally agreed to only live in the home 5 years. It’s been almost 7 and he now wants to move and sell the property. Does my grandmothers original will override his life estate which my mother executed while heavily medicated? My grandmother never intended him to get a share of her property or assets. My stepfather has also never released any of my mother or grandmothers assets (we are interested in family heirlooms\pictures\her home) to us. He is also threatening to marry his live in girlfriend to ensure she gets the life estate if he passes.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It's not clear when the life estate was created (perhaps something to do with the living trust?), but in general a deed creating a life estate and remainder supersedes a will. The theory is that a will takes effect at death and, if the property no longer belongs to the testatrix (it having previously been conveyed to the life tenant and remainderman), it is no longer the decedent's property at her death.

His verbal agreement to stay only five years is probably not enforceable.

Whether he marries or not would not normally extend his life estate; it would end at his death in any event.

Clearly you should see an attorney about this situation.

Seril L Grossfeld agrees with this answer

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