Legal Question in Real Estate Law in Florida
living rights
my husband and i made a paper 20 years ago that if he died i would go back to my home state.if he died first i would have life time rights to our home. he has been dead for three years now and his son told me to move out of the house as all i had were life time rights. can i sell the house as it is still in my name i pay the upkeep, taxes and home owners insurance
2 Answers from Attorneys
Re: living rights
You didn't say what this paper was, but it doesn't sound like a document that has any valid effect on reale estate. You should show it to a lawyer to be sure, but it sounds like you can sell the house.
Re: living rights
You need to talk with an attorney who can reviewe your paperwork and the facts. It may be that some court probate proceeding on your late husband will be required to clarify the title to the home. If you do have a life estate and are keeping up with the taxes, etc., then no one should have any right to put you out. Even if they did have that right, they would have to go through the court to do so.
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