Legal Question in Wills and Trusts in Florida

Interest in house of deceased wife

My wife recently passed away. In her will, she left her house to her children and put a clause in the will that says she makes no provisions for me. I have been told that I have what is called a Life Estate in the house (a florida law) Am I able to get money from the house even tho the will says I am not entitled? I am willing to move out and sign over the house to his adult children but I would like to know if I am able to request money first?

I do not have money for an attorney at this time, so anything you can do to help me would be appreciated.


Asked on 4/02/02, 10:47 am

2 Answers from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Interest in house of deceased wife

Your life estate has a dollar value. Demand that you be compensated properly BEFORE you move and definitely before you sign.

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Answered on 4/03/02, 10:31 pm
Sanford Martin Martin Law Office

Re: Interest in house of deceased wife

If the house was the homestead of you and your wife, you have a life estate in the property. You can live there, pay the taxes and insurance, and maintain the property. You can also sell the life estate to anyone. You can have the life estate appraised to determine its value (just as other real estate) so you know its market value. Your right is statutory regardless of what is stated in the will. You also have a right to a share of other property in her estate, if any, per FL Statute 732.201, etc. You are advised to consult with a local attorney who can counsel you re legal options and procedure.

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Answered on 4/02/02, 9:08 pm


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