Legal Question in Wills and Trusts in Florida
house rights
My father owned a house, he died
and unfortunately two years later
my sister that lived there died of
cancer. There was no Will. The
house was very deteriorated. I fixed
it little by little to make it livable and
moved in. Now my sister's sons and
daughter want for me to give them
half of the market value of the
house (insane in florida where
nothing is selling now). They want
for me to pay them rent for all the
time that I have for lived in the
house and they do not want to credit
all the moneys that I spent on taxes,
insurance, maintenance and repairs.
Do I have any rights? What can I
do? I take care of a disable husband.
I thought that they will inherit the
house when I died. Not now.
3 Answers from Attorneys
Re: house rights
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The key issue here is whose name is the house titled in? If it was titled in your father's name and never included your sister, then your dad's estate owns the house. As his next of kin, you are entitled to ownership of it through the filing of a probate action in court. If it was titled in your sister's name (or both names) then her children most likely will have the legal rights to inherit the house.
You need to meet with an attorney who can review this with you and determine your legal rights and obligations. You may have an entitlement for payment for all the repairs you made on the house and for some of the other expenses.
Scott R. Jay, Esq.
Re: house rights
Your father's estate must be probated
to determine everyones rights. In addition, you may have an equitable lien for the expenses. An action in partition may result.
Re: house rights
After probate, I would expect the house will be owned in equal shares by the children of the deceased. If a child of the deceased has passed, then their children have a right to that person's share. I would think they may have a claim for rent from you on the half they should own, but I also think you can claim a credit from them for expenses. If you are unable to buy their half out, perhaps they can make an offer to buy your half. However you settle this dispute, you will need an attorney to probate the property and change title out of the deceased father's name to that of the heirs.
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