Legal Question in Wills and Trusts in Florida
My husband passed away 1 and half years ago he has children from prior marrage who are all Grown.
I know I can live at our home as long as I choose or til my death by law. His will states the estate is to be split 4 ways between myself and his three children. The estate consist of a Home and 10 acres of land. I am Disabled and finding it hard to manage the property alone. My income is 1112.00 month and finacially I am suffering as well. The will has not been probated because I cannot afford the $2000.00 to 3000.00 probate fees up front . My question is do I have the legal rite to rent the house and property to obtain the needed funds to maintain it and pay taxes and Insurance. This would mean I would have to move elsewhere. I cannot sell the property due to conflict with children. I also have outstanding bills I need to pay for my Husband but do not have the funds, However I could pay them with the rent income.
3 Answers from Attorneys
Your best bet here is going to be to probate the will. The property may be divisible -- that is you could sell part of the property, but keep the house. You'd need to do this in probate. You can rent the property, but the kids may be entitled to some of the income depending on how the property is configured.
Once you rent, you lose your life estate. You would need the consent of the other heirs. You should go to probate so you can sell. You should be able to find an attorney who would take most of his fee at the end of the probate proceeding. Good luck.
Neither answer you received is fully correct. It is doubtful that the children have any right to rental proceeds. Renting it does not terminate your life estate. Further, you are not normally legally obligated to pay the bills of your late husband. You need to pay for a half hour consultation with an attorney who handles probate matters.
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