Can My Deceased Spouse’s Children Force Me Out of My South Florida Home?

Blending families with adult children creates great joy but also its own set of complications, particularly with inheritances. If you are concerned that your adult stepchildren may try to force you out of the South Florida home you shared with your spouse, know that you have legal rights and protections. Florida’s homestead rules protect surviving spouses to reduce the risk of being forced out of their home. Consider each of the following scenarios:

Scenario 1: The home is solely titled to your spouse.

Option A: You could receive a life estate in the home, meaning that you are allowed to live in the home for the remainder of your life. Your stepchildren will inherit the home after your death. If you choose to take this option, you would be responsible for paying for property taxes, home insurance, and maintenance on the home as long as you reside there. Your stepchildren would be responsible for the mortgage payments, title-related payments, and any necessary environmental remediation.

Option B: You could take a 50% tenant-in-common interest in the property. This means that you would own 50% of the property and your stepchildren would own the remaining 50%. You would share all home ownership-related expenses equally. You could sell your share of the home to your stepchildren and choose to move elsewhere.

With either option, the home is protected from most creditors as long as you are living there.  

Scenario 2: The home is jointly titled with tenancy by the entirety to you and your spouse.

In this situation, you will become the sole homeowner immediately and your deceased spouse’s children will have no claim to the home. After your death, the home will pass to your children. Similar to scenario 1, the home will be protected against most creditors.

Scenario 3: The home is titled to an irrevocable trust.

In this scenario, the home loses its homestead status, so Florida’s homestead rules no longer apply. The terms of the trust will dictate who inherits the home. Typically, the trust terms allow the surviving spouse to remain in the home for the rest of their life, but this is not required. If the trust terms indicate that your stepchildren immediately inherit the home, they could force you to leave.

Florida’s homestead rules protect surviving spouses from being forced out of their home. If your stepchildren have threatened to evict you, or if you are in any inheritance dispute, contact Huth, Pratt & Milhauser for a free case consultation. Our top-notch probate litigation attorneys have years of experience protecting the rights of Florida surviving spouses.