The Short Answer

In Florida, a life estate is a form of property ownership where one person (the “life tenant”) has the right to use and possess the property for life, and then the property passes automatically to someone else (the “remainderman”) at the life tenant’s death. Yes, life-estate arrangements can be challenged in court in certain situations, but the legal theory and the deadline depend on how the life estate was created (deed, will, or a document attempting to create a prohibited estate tail).

What Florida Law Says

Life estates most commonly arise in Florida through deeds and estate planning, and they can also arise by operation of law when a document attempts to create a type of ownership Florida does not recognize. Challenges typically focus on whether the instrument was validly created and recorded, whether the creator had capacity and acted voluntarily, and whether the arrangement conflicts with Florida’s probate and homestead rules (which can override a person’s intended plan in some family situations).

The Statute

The primary law governing this issue is Fla. Stat. § 689.14.

This statute establishes that Florida does not allow property to be held as an “estate tail,” and any instrument attempting to create one is treated as creating a life estate in the first taker with a remainder to that person’s lineal descendants (and other remainder/reversion rules if descendants do not exist).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the life estate is tied to a will or probate dispute, timing can be critical—Florida law does not allow a will contest to be filed before death. See Fla. Stat. § 732.518.
• Burden of Proof: A challenge often requires evidence about the signer’s intent, capacity, and whether there was undue influence or other defects in the instrument—issues that usually turn on documents, witness testimony, and records.
• Exceptions: Florida homestead rules can change who receives an interest in a home at death and can create life-estate-type outcomes in some family situations, even when the decedent tried to leave the property differently—this is a common source of litigation and requires careful legal analysis.

Trying to handle this alone can lead to procedural errors, missed deadlines, or an outcome that permanently changes property rights.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.