Legal Question in Wills and Trusts in Florida
my father passed away without a will. and his home went to my step-mother. my sister & i was told in fla the stepmother can live in the house as long as she doesn't sell it. now my step-mother has died, but her children are living in the house. do my sister & I have any legal ground to get the house back?
2 Answers from Attorneys
It will depend upon how the home was titled. Was she a listed owner with your father?
You step mother would be entitled to one-half of your father's estate and his direct descendants (his children) would be entitled to the other half. However, if the deed to the house was titled in his and her name - then the house could pass to her children. If it was not, then she would have gotten a life estate and upon her death the house would go to you and your siblings. If I can be of assistance, please contact my office for an appointment,
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