Legal Question in Wills and Trusts in Florida

ownership by occupancy due to death

My sister 49 years old and healthy doesn't work and has lived in my parents home the past 3 years.

My dad died recently. My mom has the house in her name now. A will states at her death the house is sold and divided 3 ways between her daughters. Now my other sister and I were wondering how can this house be sold if she is occupying it. Does she have ''rights'' due to her living there so long and not getting a job/moving out. We think this is her game. Like in common law marriage they can get everything after being together so long.

Thanks.


Asked on 9/12/07, 4:08 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: ownership by occupancy due to death

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Your sister does not have any special rights by living in the residence with mom. This issue you must be careful with is that she may convince mom to change the will or deed and leave her a life estate in the property. If that happened, it would be hard to overcome.

Scott R. Jay, Esq.

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Answered on 9/12/07, 5:19 pm


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