Need Advice!

[jks1955]

undefinedWhat is the name of your state? FL

My married father passed away in November 2004 testate. In his will he left his home to his 4 adult children with the stipulation that his wife be allowed to live in the home until her death. I understand that she has homestead rights under FL law. The deed to the home is listed in the adult children's names as a life estate.

What I need to know is, do the children have any rights to the homestead or will his wife inherit it?

 

[Fl Cat7]

I'm not sure I understand. You don't inherit homestead. It is a tax break on property tax on the house you live in (as opposed to rent out). Who has to pay the property tax?

 

[BelizeBreeze]

undefinedWhat is the name of your state? FL

My married father passed away in November 2004 testate. In his will he left his home to his 4 adult children with the stipulation that his wife be allowed to live in the home until her death. I understand that she has homestead rights under FL law. The deed to the home is listed in the adult children's names as a life estate.

What I need to know is, do the children have any rights to the homestead or will his wife inherit it?

The life estate is granted to the wife as stipulated in the will. Once she dies, the home can then be divided according to the will, either by sale or partition.

 

[jks1955]

Thank you for your reply BelizeBreeze. That is what I thought would happen, but she has obtained an attorney who is asking us to sign over the home to her "life estate" relinquishing our rights to it and that she signed the deed (which is in our names) "in duress". Time for an attorney of our own! lol

 

[BelizeBreeze]

Time for an attorney of our own! lol

THAT is a very good idea.