Legal Question in Wills and Trusts in Florida

My mother recently passed away. Several months ago, I moved from my residence to her home to care for her until her passing. My mother left her home equally to me and my brother. My brother, who lives out of town has stated he wanted to buy out my interest. I am currently still living the the house, my residence for close to a year. My sister in law has helped herself to all my mother's jewelry, everything in the kitchen etc., but it is still my residence,. My brother has threatened to throw me out so my question is as this house has been my residence what are my rights while the will is in probate?


Asked on 9/10/09, 9:46 pm

1 Answer from Attorneys
Marc J. Soss Marc J. Soss, Esquire

If the property was your Mother's "homestead" (primary residence) and bequethed to both you and your brother equally, the property is owned 50/50 by him and you as of the date of your mother's death. He can file a partition action to have you removed and the real property sold (assuming neither of you buys out the others interest).

Your sister in law had no right to anything in the residence. I would ask her to return everything taken or consider filing a criminal action with the police (it sounds like you and your brother are not on good terms). You need to engage counsel to protect your legal rights.

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Answered on 9/11/09, 9:15 am


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