Orlando, FL asked in Real Estate Law for Florida

Q: If a home is recorded as life interest one person and 5 other people have remaining life interest. Who has control?

Elderly person has life interest, 2 moved in with no lease and

paying no expenses and one other died 15 months ago. Funds needed for care

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

A: In general, the person who has the life estate has the right to exclusive possession and control of the property. If other people have some sort of remainder interests (no right to possession until after the life tenant dies), they may only object if their remainder interest is being "wasted" by the life tenant.

If other people have "moved in", it is unclear what rights they may have. Did they agree to pay rent?

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