Legal Question in Wills and Trusts in Florida

Husband has homestead interest in the house. A probate is needed since the property is in wife's name alone. Mortgage does not control ownership. Seek legal help from a probate attorney

The Husband does not have automatic rights via Tenancy by Entirety (or other survivorship) unless he was added to the deed. If the house was homesteaded or the house was the primary residence and homestead is not claimed anywhere else (assuming the house is in Florida), the husband can claim homestead rights. If the child is a minor child, the child could also have homestead rights.

Mortgage and insurance will need to be evaluated separately. There are several complex issues that come into play. Also, just because there is no will, other assets will likely need to go through probate. If probate is necessary, an attorney will be required as prescribed by Florida Law since there are multiple heirs.

Many probate attorneys, like myself, offer free initial consultations.