55+ Communities and Inheritance – Is Youth a Barrier?

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55+ Communities and Inheritance – Is Youth a Barrier?

Q. In September of this year somebody asked a question about leaving an apartment at On Top of the World to his child who is not 55 yet. You answered: “Yes, you can.” My question: Can the child who is not 55 live in this apartment?

A. I’ve answered it a few other times but here goes again: To be very specific, if a person who is under age 55 (such as a child) inherits a unit within the On Top of the World communities* of either Clearwater, Florida or Ocala, Florida, that person can inherit the dwelling can own the unit and can live in the unit the very same as if he/she were 55 or older. I don’t know how else to say this; but see the next question.

Q. I live at On Top of the World and I am way over 55. If I marry a woman who is way under 55, can she live with me and can I leave my apartment to her in my Will and when I pass on can she inherit it and when she does that, can she occupy the unit? Also, since I would leave it to her, can she do with it whatever she wants such as can she sell it or can she Will it to someone when she, herself passes on?

A. (1). She can live with you. (2). You can leave your apartment to her in your Will. (3). When you pass on she can inherit it. (4). When she inherits it she can occupy the unit. In fact, if she is living with you, I rather assume that she’s already occupying it. If you leave it to her, she can do whatever she wants with it such as sell it or Will it to someone when she, herself, passes on. I hope this answers your questions. Oh, by the way: Congratulations!

* For other 55+ Communities, check your Association’s Declarations for their specific guidelines.


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