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A life estate is a form of joint homeownership. Ownership is shared between a life tenant and a so-called "remainderman." As the name suggests, the remainderman has an ownership interest but cannot take possession until the life tenant's death.

Life estate interests can be created by deed, by conveyance through last will and testament or as we commonly see as the default distribution of homestead to a spouse who is not on title and choses not to elect to take a one-half ownership interest in Property within six months from the date of death of their spouse.

A Florida Enhanced Life Estate Deed can help avoid probate, speed up the transfer of a property upon death, maintain the ability to use the fair market value of the property at the time of death as a cost basis (lowers income taxes upon sale), and maintain Medicaid eligibility.

A: A life estate deed is an irrevocable transfer of your property to remainder beneficiaries (?remainderman?) while reserving the ownership and right of use of the property for your lifetime. This transfer avoids probate upon death while retaining ownership interest for your lifetime.

Probate usually takes more than a year When full probate court oversight is necessary because the estate is sizable, contains real property or is the subject of a dispute, people can expect probate proceedings to take roughly 18 months, if not longer.

The Estate Closing (9-24 months) Probate can conclude when all creditors are paid, taxes are filed, and assets are sold or distributed. After finalizing the executor's duties, the probate court judge then issues the final order of discharge of the personal representative. This court action officially closes the estate.