Legal Question in Wills and Trusts in Florida

It is possible, but it is not likely. Or at least it shouldn't be. Depending upon exactly what is going on, there may be signficant bills against the estate. Now, first, you need to understand that in Florida, in most circumstances a house, that was the homestead of the person that died, that passes to family members, particularly children of the person that died, passes without liability for unpaid bills. In other words, if the house is worth $150,000, was her personal residence and goes to her children, then even if she owed tens or hundreds of thousands of dollars in medical or credit card bills, the children get the house without having to pay those bills and without having to sell the house to pay those bills.

Now, sometimes, if there are a lot of bills, it makes sense to keep the estate closed for a period of 2 years after the person died; once 2 years passes then no bills can be claimed against the estate, with some limited exceptions. This may make sense if the house is worth not very much; and you can bring a cheaper, less expensive type of probate after the 2 years has passed. But if the house has significant value, you can bring a 'regular' full probate, basically stiff the people who are owed money and transfer the house to the children anyway. It is somewhat more expensive, but shouldn't take more than 6 months. IF in fact your sister has actually opened a probate you should be notified of this by her lawyer. You should call the probate department in the court in the county in which the house is located, ask if a probate is opened, and then contact that attorney if there is one. If there is not, then you probably should contact your own attorney.

Good answer by Mr. Jones.

I would add that it would appear that there is a conflict of interest if your sister is the personal representative and letting her daughter live there rent free.

If your sister rented it out to someone, you would be entitled to a third of the net income. Also consider who is paying for the house expenses (mortgage, property taxes, insurance, and maintenance).

You might have a claim against your sister, but would it be worth it?

Get an attorney - your sister is trying to take advantage of you.