QUESTION

My mother-in-law quit claim deeded her property to my husband in 2001 but holding a life estate.

Asked on Nov 12th, 2011 on Trusts and Estates - Florida
More details to this question:
His sister stated that she had his mother change her will recently and that after mother passes, he loses half of the property to her(the sister). It is not considered a Lady bird life estate, is this possible in Florida?
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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If your mother in law properly signed a quit claim deed retaining for herself a life estate, and leaving the remainder interest to your husband, and the quit claim deed has been properly recorded in the county where the real property is located, your mother-in-law's last will and testament cannot change the remainder interest and the property will belong to your husband, with full legal title to him, immediately upon your mother-in-law's death.  A will does not control real property that is owned jointly with right of survivorship, or the remainder interest in a properly prepared, signed and recorded life estate deed. Had your mother-in-law signed a lady bird deed, she would have retained the right to change the remainder interest in the property.  However, even with a lady bird deed, it would be necessary for your mother-in-law to sign a new deed to the property to change your husband's remainder interest.  The property that is the subject of a lady bird deed is not controlled by a will, but passes title to the remainder interest automatically at the death of the person signing the deed, by operation of law, unless there is an intervening deed that specifically changes the remainder interest. To be valid, the life estate deed must be properly drafted, must be properly signed, and should be recorded in the public records of the county where the real property is located. If you have additional questions about this matter, you should contact a qualified Florida real estate attorney or estate planning attorney. C. Randolph Coleman  
Answered on Nov 15th, 2011 at 1:26 PM

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