Legal Question in Wills and Trusts in Florida

Re: Wifes name not on deed

No. You must probate his estate.

Re: Wifes name not on deed

The home did not automatically pass to you. It will have to go through the probate process. I am assuming he did not have a will leaving it to you, which he could have done if he had no minor children (would still have to go through the probate court). If he had no will and no children, then the probate court will ultimately determine that the home passed to you. However, if no will leaving it to you, and he had children, the court will determine that under Florida law it passed life estate to you (meaning you may use the house for the rest of your life), and his children own the remainder (full ownership at your death). So until your death neither you nor the children could sell full ownership without the other. In any case, ownership would be subject to any outstanding mortgage(s).