QUESTION
What happens when someone dies, there is no will, and 1 descendant is living in the home?
Asked on Jun 12th, 2012 on Estate Planning - Florida
More details to this question:
What happens when someone dies, there is no will, and 1 descendant is living in the home? Does the other descendant have rights as to being able to just have the house vacated until after probate? How do you go about this?
2 ANSWERS
Probate & Trust Attorney serving Fort Lauderdale, FL
at
Robert J. Slotkin
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If we are talking about homestead property (principal residence) and no spouse, then upon death the house goes to the children. Living there carries no greater rights (if both children are adults). If one is living there and that is not acceptable to the other, I would suggest one buy out the other. If he/she refuses, the other child can force a partition sale (similar to a foreclosure sale) where the property is sold judicially and the proceeds divided.
Answered on Jun 20th, 2012 at 5:31 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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When someone dies in Florida without a will, the home will pass to a spouse and or children. At the time of the death of a parent who is not married, each of the children will have an equal right to the home. If one of the children is living there and does not allow the others to have access, the remaining siblings may file an action for partition and force the sale of the home.
Answered on Jun 20th, 2012 at 4:55 PM