Property split laws step parent/step children

[Tsmith4554]

What is the name of your state (only U.S. law)? Florida
My mom was killed in a car accident in 2005. At the time she was married to her husband for 4 years and had 2 adult children. When she died we had to sue the trucking company and that was all settled by lawyers. Here is the actual issue. My mom and her husband has bought a home and property a couple years before she passed away, when she passed the insurance company paid the home, car and truck off. Her husband had remarried 6 months after her passing and him and his current wife live on the property and still in the home (they have since remodeled). When our mother passed my sister and I were not worried about the home or other things. It was the LAST thing we thought of. Now we are being total that he former husband is in bad health, My question is the home and property should have been part of our mom's assets, we have never brought this up before so really we could just be out of time or have not legal standing to any part of the home or property. I just would like to know if there is anything that we could do over this. If anyone has any advice it would be helpful. Thank you in advance.

 

[Mass_Shyster]

My mom and her husband has bought a home and property a couple years before she passed away

You need to see how the home was deeded.

If it was "to Fred and Wilma as co-tenants", you likely have a claim of ownership.

If it was "to Fred and Wilma as joint tenants with rights of suvivorship", you have no claim, as her interest in the property vanished upon her death, with Fred acquiring full title.

If it was "to Fred and Wilma as tenants by the entirety", "to Fred and Wilma as Joint Tenants", or simply "to Fred and Wilma", more research needs to be done.

I don't know if Florida recognizes tenants by the entirety, of if the words "with rights of suvivirship" need to be there, or what the default is if nothing appears after the names.

 

[anteater]

Tenancy by the entireties is recognized in FL.

And:

With respect to real property, “[a] conveyance to spouses as husband and wife creates an estate by the entirety in the absence of express language showing a contrary intent.” In re Estate of Suggs, 405 So. 2d 1360, 1361 (Fla. 5th DCA 1981).