Asked in Estate Planning, Probate and Real Estate Law for Florida

Q: How long after a person has passed are the terms of a will enforced.

My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he has lived in. She doesn't want him gaining power over the land. Their mom died approximately 5years ago. Are the terms of the will still valid? Does she have any recourse at all?

2 Lawyer Answers

A: Sorry, but you can't get legal advice for your friend. That would be practicing law without a license, which is a criminal offense. Your friend needs to consult with a probate lawyer who can review the will and any deeds to the property. Many lawyers work remotely and the days of having to go to someone's office are no longer necessary. She should be able to find someone using this site or she can contact the county Bar Association.

Rand Scott Lieber
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A: It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.

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