QUESTION

Does moving out negate a life estate?

Asked on Jun 27th, 2011 on Estate Planning - Florida
More details to this question:
If my step mother has a life estate in my father's estate and she decides to move ,would she still have that life estate? Does she have the right to move and then move back to said property?
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3 ANSWERS

Theodore W. Robinson
I believe she can move in and out, but she must pay the taxes and upkeep on the home regardless of whether she's in the house or not. If she jeopardizes the house by not paying the taxes, she can lose her life estate. Speak to an estate attorney about this matter. Good luck.
Answered on Jun 30th, 2011 at 9:02 AM

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Glen Edward Ashman
In most cases, she can, but it depends on the exact language that created the life estate, which I have not read in your case.
Answered on Jun 29th, 2011 at 9:48 AM

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Trusts and Estates Attorney serving Jacksonville, FL
3 Awards
Generally, unless the life estate prohibits it, a person can move out and even rent the property or sell their life estate so someone else.
Answered on Jun 29th, 2011 at 9:34 AM

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