Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
My husband died and there was a will made by his Mother, also deceased, naming my husband and our son as right to survivorship of real property at her death. We were divorced at that time and then remarried. I live in the home and our son has transfered the deed into his name and has told me that I must move out so he can sell the home. Do I have any rights to live here as was told to my husband by an attorney before his death?
State/Country relating to Question: Florida Already Tried: Polk County, Florida
Good morning,I'm sorry to hear of your dilemma.Presuming that your husband pre-deceased his mother, and based on his mother's will, the property would pass to your son upon her death. In that case, your son has the right to sell the property, I'm afraid.I wish you well.
Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.
Best regards,
Doug
My mother in law died in 1992. My husband died in 2009.
Was your husband given the property on his mother's death, or was he given a life estate? Essentially, I need to know whether the mother's will stated that the property goes to son, and if he is no longer living at her death then the property goes to grandson. Or did it state that property goes to son, and on son't death death it goes to grandson?Doug
Before my mother in laws' death she made a will, willing real property to my huband and our son 'as right to survivorship'. My husband and I were divorced at the time she made the will. We were divorced for 30 years and remarried in 2008. I have been living in the house for over 2 years as I cared for my husband during his illness until his death in 2009. Do I have rights to continue to live in the house?
Good morning, While I strive to give you an accurate and applicable answer to your question, I don’t have the ability to provide you with favorable law if it doesn't exist. As you read my answer to your question, I ask you to please don't shoot the messenger. If the will granted the property to your husband and your son, with rights of survivorship, that means that once your husband died, the property automatically passed to your son. Your son was already a half owner of the property, and on your husband's death, became the full owner.The fact that you remarried unfortunately does not give you any rights to the property and your son can force you to leave the property.I wish you well.
Attorney
I am a practicing attorney with more than 27 years of experience in the legal field.