Dundee, FL Estate Planning Law Firms & Lawyers

It depends what the deed says.  Normally a typical Life Estate Deed would not allow the holder to mortgage the property.  An Enhanced Life Estate Deed would usually a mortgage to be placed on the property and would allow the holder to sell the property as well.

There is nothing you can do to legally force the title of the entire property into the name of your fianc? but he could demand payment of the expenses of maintenance; however, if he's collecting rent or living in the property the cost their expenses may be offset by their entitlement to share in the rent. There is also an action called Partition that would force the sale of the property and the owners would share in the profits of the sale; however, your fianc? would be able to recoup his brothers' share of expenses for which he paid (thus reducing how much his brothers received from the net proceeds). If he is not interested in selling the property, this may not be a good idea. Lastly, he could also offer to buy out their interest in exchange for their interest in the property.

Yes, in Florida if a person is survived by a spouse, the spouse gets to keep the first $20,000 in household property and up to 2 cars. However, there is an exception if the item(s) was specifically bequeathed to someone else in the will.