How do beneficiaries get a life estate revoked?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do beneficiaries get a life estate revoked?
My brother has living rights to property that my father left to his 3 sons. He has a drinking and drug problem and cannot manage the DSS money that he gets each month. What rights do the 2 remaining brothers have to revoke his living rights?Will we lose the property if the law steps in and finds drugs on the property? Should we speak to a probate attorney about this? In Alachua, FL.
Asked on October 25, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am sorry for your problems. Your brother was left a life estate in the property that will revert to the 3 siblings upon the death of your brother, correct? Yes, I would speak with an attorney. Generally, the only party that can revoke a life estate would be the party who gave it in the first place. The remainder men - the other brothers - may not have the ability to do anything. But maybe you can approach this differently. maybe your brother who has the life estate needs help here. Your Father probably recognized that and that is why he has the life estate. But maybe someone needs to become his Guradian to protect you and your interest in the property. Maybe you can not compromise his rights but you can help to make sure that your interests are protected as well. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.