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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55315
Experience:  29 years of experience practicing law, including tax and estate planning.
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Just trying to find info on a life estate. I am a

Customer Question

Hi, just trying to find info on a life estate. I am a remainderman and my step siblings are living in the house. Can I have them evicted
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I am co owner with my brother, and want to live in the home and buy out my brother
Submitted: 11 months ago.
Category: Estate Law
Expert:  Richard replied 11 months ago.

Hi. My name is ***** ***** I look forward to helping you. Can you provide me just a bit more information? Who is the life estate owner? Is the life estate owner paying the maintenance on the house and the property taxes. Do these step siblings have the consent of the life estate owner to live in the house? Thank you!

Expert:  Richard replied 11 months ago.

I just wanted to let you know that I've just been called away for a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Customer: replied 11 months ago.
Hi Richard. My step mother was the life estate owner. My bro and I are remaindermen as per my father's probate in 2008. Her children were living in the home with her prior to her death. The kids are not responding to our calls or texts. I need to het an inspection and appraisal so I can get financed. Thanks
Expert:  Richard replied 11 months ago.

Thanks. If your step mother has now died, that life estate terminated automatically at her death. So, you and your brother are now the sole owners and you have the right to force the step siblings out. Unfortunately, if they will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupants are considered “at will” tenants and treated legally as month to month tenants. As such, you can terminate this tenancy by giving written notice of at least 15 days under Florida law. If they do not leave voluntarily, under Florida law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, shut off utilities, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force them out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 11 months ago.
Ahh! Just as I thought! Thank you so much as now I can predict this to my brother with hopes he week believe me now that a lawyer has said the exact same thing I did. Thank you again!
Expert:  Richard replied 11 months ago.

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: . Or, simply request “Richard only” in the first line of your question.

Customer: replied 11 months ago.
Thank you so much!
Expert:  Richard replied 11 months ago.

:) Have a great week!

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