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My parents are retired. They live in a home which is a life estate. I am the beneficiary. My dad wants to sell but my mom doesn't. She wants to divorce him. She doesn't want any money and she is ok to let him live in the house.
5 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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They only have a life estate in the property, right? That does not include the ability to sell, usually, unless you join in the sale with him, as well as the mother.
Answered on Mar 31st, 2015 at 12:41 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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The answer to your question will generally depend on precisely how title to the real property is held, such as in a trust, or a general life estate, etc., so the precise language on the current deed and in any related instrument, such as a trust, will control. You should consult with an attorney who can review the documents and discuss the specifics of your situation, and your options.
Answered on Mar 31st, 2015 at 12:40 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot answer without reviewing the written documents creating the Life Estate. Have the papers reviewed by an attorney as soon as possible.
Answered on Mar 31st, 2015 at 8:04 AM
John Arthur Smitten
I need to see the estate documents. Use of a lawyer is recommended.
Answered on Mar 31st, 2015 at 8:03 AM
Whether or not he can be forced to sell will depend upon what the life estate papers say. The Court will probably follow what is on the deed. Good luck.
Answered on Mar 31st, 2015 at 8:01 AM