Q: My father passed away in Florida. His widow became the Life Estate Owner & I as his son became the Remainder Owner.
Can I take legal action against her if she refuses to pay taxes, insurance & maintenance of property?
Please advise! Thank you!
A: Consider suing her for "partition." You would ask the court to sell the fee simple (life estate plus remainder). The proceeds would be divided between the two of you.
Stephen Arnold Black agrees with this answer
A: You could bring an action for waste and include a request for an injunction that would prevent further waste by forcing the life tenant to make repairs, pay taxes, and otherwise keep the property in good order. A partition action may not always be available depending on how the life estate was created.
Stephen Arnold Black agrees with this answer
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