Legal Question in Wills and Trusts in Florida

Maybe. Assuming this is in Florida, IF the house is the personal residence of the person who set up living trust, then it is likely homestead. Notwithstanding that the house is titled in name of the living trust, the spouse would have to sign off on a sale or the spouse would get some sort of ownership interest in it if the person died. This is assuming that there was no prenup/postnuptial agreement. You really should talk to an attorney about the details, claiming the interest might be tough but not impossible but it's going to depend on the facts.

Depends on the timing of the various factors. Need more information.