Legal Question in Wills and Trusts in Florida

At their request, I moved in with my parents in approximately 1995 when I was set to relocate and they asked for assistance in paying thier bills. My Dad who I helped home care with after an almost fatal accident and subsequent Alzheimer's disease passed away just over 4 years ago and my Mom whom I still lived with just passed away last week. Less than a year prior to his passing it became necessary to place him in a VA Nursing Home because my Mom was diagnosed with cancer and had to stay for a short time in a nursing home herself to receive proper medical care, but she was home when he passed.

Do I have ANY rights to not being tossed (at least immediately) by siblings from my home of 15 years? Supposedly the house will eventually be sold and anything remaining is to be split between the siblings, but I have yet to see the will which ironically, though supposed to be addressed with all siblings present, did not get written and signed until only one sibling was present. I really don't care what happens down the road, however I am at the present extremely stressed feeling that I may be tossed out at any time and without warning. There is still a mortgage on the home, as well as a lien from a credit card bill.

Any feedback would be greatly appreciated.


Asked on 8/03/10, 4:29 pm

1 Answer from Attorneys
Richard Kaplan

A valid Will controls. Absent a valid Will, then yes the property is divided between the children.

No, you will not be tossed out immediately. It takes a little while to remove someone from the house, and you do have an ownership right in it. So you are not trespassing, and you will get plenty of warning.

Unless you signed on the credit card bill, you are not responsible. The credit card company could file a claim against the estate in a probate proceeding, if there is one. The mortgage will cause a problem with the property, and one of the questions is whether the property is upside down on the mortgage. In that case, the property may be abandoned by the family.

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Answered on 8/09/10, 4:42 am


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