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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36629
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a question about living estates in Florida. My

Customer Question

Hello! I have a question about living estates in Florida. My step-father has a living estate on property that my mother left to me and my siblings when she passed. The deed is in our names only. Recently I was made aware that my step-father (1) hasn't paid the property taxes for 2015, and (2) has become mentally incapacitated and was placed in a nursing home approx. 1-2 years ago. What I need to know is can we take the property over now, or is there nothing we can do until he passes away? Truthfully, I want to pay the taxes, and if possible, be able to move onto the property if we can. I'm reaching retirement years and would like to retire on that property. I live out of state right now, but plan to move the fall of this year (2016).
Thanks
Gerald S. Thompson
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What I need to know is can we take the property over now, or is there nothing we can do until he passes away?

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Yes, you can file an action against him in court for "Waste", which is the legal term when a life tenant is not taking care of or paying the taxes and upkeep on a life tenant property interest, and have a judge issue an order that his life estate is terminated. Then your and siblings remainder interest is accelerated to full legal possession. This is something that you would need a local FL real estate attorney to assist with getting the life estate terminated.

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thanks

Barrister