Legal Question in Wills and Trusts in Florida

Unless you have title in your name, the house is not yours.

Speak to a probate attorney - you may have some options.

Because your husband owned the home in his name at the time of his death, and he had no will, the homestead passes pursuant to the intestacy statute, and provisions of the Florida Constitution dealing with homestead. Those homestead provisions require that you receive a "life estate" in the real property, and that the "remainder interest" passes to his children.

Your life estate, as you accurately stated, allows you to live in the home throughout your lifetime, and upon your death, or abandonment of the property, the home will pass to your husband's intestate heirs. In this case, apparently his son. During your lifetime it is necessary that you "maintain" the home, including paying the taxes, insurance, providing basic maintenance, and paying the mortgage payment. If there are major structural repairs your son may be obligated to contirbute to those costs. Your son should also be a loss payee on the insurance because of his ownership of the remainder interest.

Because you own a "split interest" ownership with your son, the mortgage companies will require both of you to sign a mortgage. That is because your son will be the owner of the home after your death, and as the owner of the home he would not be subject to the mortgage if he didn't participate as a borrower. The successful origination of the mortgage will likely be based soley on your credit rating, but the mortgage company still wants your son to be a "borrower" because he will own the property outright at your death.

Had your husband executed a will that transferred the property to you at his death, then the property would have been owned by you solely and there would be no need for the joinder of your son on the mortgage for the property.

There are some options that you and your son can consider. Depending on your age, your life estate may be a significant part of the value of the property, or may be a minor part. You should consult an experienced probate attorney in the county where the property is located in the event there remain options involving the use of the probate court.