Legal Question in Wills and Trusts in Florida

Personal Property in the house after a death

My mother passed away. I am to inherit the house, but my step father is living in the house and claims to have a life estate even tho the Will says there are no provisions for him. He so far has refused to sign the house over to me without me paying him money. He plans on moving to another state soon. The Will also states that all personal property belongs to the estate. I have not been able to retain a lawyer yet due to financial problems. Is there any way I can have an injuction or something filed to prevent him from removing the personal property in the house until after the probate is completed? If he abandons the house and does not pay for lawn care, taxes, etc. does he lose his interest in the house?


Asked on 4/02/02, 1:47 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Personal Property in the house after a death

If the house was the homestead of your mother and stepfather, he has at least a life estate in the homestead. Yes, you can take legal action to prevent disposal or taking of personal property belonging to your mother. You can file an action as part of the probate case, asking the court to order the inventorying and securing of the property during probate. If he "abandons" the life estate and does not maintain the property, insure it, pay taxes, he can lose his interest. That may take some time though and is difficult to enforce if he's living there. Perhaps, he wants you or someone to purchase his interest. You can have a life estate appraised, obtain a loan, and buy the life estate, just as you can with any real estate. 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, 9:01 pm


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