Life Estate

[btyko]

What is the name of your state? Florida

My mother is 80 years old. Several years ago, she filed a quit-claim deed to retitle her condo as a life estate, with my brother and myself as the beneficiaries.

She now wants to sell the condo. The title company says that it needs my brother and me to sign. My brother does not want to sign, without getting his "piece of the pie" as he puts it, meaning one-third of the proceeds. Is he legally entitled to any of the proceeds?

[BelizeBreeze]

Originally Posted by btyko

What is the name of your state? Florida

My mother is 80 years old. Several years ago, she filed a quit-claim deed to retitle her condo as a life estate, with my brother and myself as the beneficiaries.

She now wants to sell the condo. The title company says that it needs my brother and me to sign. My brother does not want to sign, without getting his "piece of the pie" as he puts it, meaning one-third of the proceeds. Is he legally entitled to any of the proceeds?

Who is the Life Estate in favor of? I would assume the mother with you and your brother as Joint tenents on the deed correct?

[btyko]

That is correct.

[BelizeBreeze]

Then your mother doesn't own the home any longer. You and your brother do. It is not hers to sell.

[btyko]

Thank you.

[HomeGuru]

Originally Posted by BelizeBreeze

Then your mother doesn't own the home any longer. You and your brother do. It is not hers to sell.

**A: not so fast. It all depends upon how the deed reads.

[BelizeBreeze]

Originally Posted by HomeGuru

**A: not so fast. It all depends upon how the deed reads.

The sister and brother are JTWROS with the life estate in favor of the mother.

[HomeGuru]

Originally Posted by BelizeBreeze

The sister and brother are JTWROS with the life estate in favor of the mother.

**A: where is that fact stated in the writer's post?

[BelizeBreeze]

Originally Posted by BelizeBreeze

Who is the Life Estate in favor of? I would assume the mother with you and your brother as Joint tenents on the deed correct?

Originally Posted by btyko

That is correct.

Of course, unless they actually come back how do we know they read the deed correctly.

[HomeGuru]

Originally Posted by BelizeBreeze

Of course, unless they actually come back how do we know they read the deed correctly.

**A: and how do they know that you spelled the word "tenents" as such.

[btyko]

Thank you everyone for your answers.

I don't have the exact wording in front of me, but if I recall, it is titled:

Mother Doe, as a Life Estate, remainder payable to Goodbrother Doe and Bad Brother Doe.

Obviously, her intention was to live in the property until she died, and to pass it to my brother and me upon her death, avoiding probate. She was not informed that in the event that she wanted to sell it before her death, my brother and I would have an ownership in the property. This would not be a problem if my brother was not a greedy *******, who wants his inheritance early. In the long run, it will hurt him.

[HomeGuru]

Originally Posted by btyko

Thank you everyone for your answers.

I don't have the exact wording in front of me, but if I recall, it is titled:

Mother Doe, as a Life Estate, remainder payable to Goodbrother Doe and Bad Brother Doe.

Obviously, her intention was to live in the property until she died, and to pass it to my brother and me upon her death, avoiding probate. She was not informed that in the event that she wanted to sell it before her death, my brother and I would have an ownership in the property. This would not be a problem if my brother was not a greedy *******, who wants his inheritance early. In the long run, it will hurt him.

**A: we need to know the exact wording of the deed.

[BelizeBreeze]

Originally Posted by HomeGuru

**A: we need to know the exact wording of the deed.

D I T T O!!!

[HomeGuru]

Originally Posted by BelizeBreeze

D I T T O!!!

**A: E X A C T L Y

[BelizeBreeze]

Originally Posted by HomeGuru

**A: E X A C T L Y

S T I M M T S O!!!