How do beneficiaries get a life estate revoked?

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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 10 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. 


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