TL;DR:
If your mother died without a will, your rights to her house depend on Florida’s intestacy laws. A surviving spouse, such as your stepfather, may inherit most or all of the property, especially if it was jointly owned. Long-term occupancy and helping with expenses don’t automatically give you ownership rights, but you may still have options through probate or a partition action. Legal advice is key, especially in contested family situations.
When a loved one passes without leaving a will, the aftermath can feel chaotic. It is especially true if you’ve been living in their home for decades and suddenly face pressure to leave. The situation becomes even more complex when there’s a surviving spouse who isn’t your biological parent.
This article tackles a common and painful scenario through the lens of Florida law, including what rights you may or may not have.
Let’s start with a real-life question we hear often:
“My mother passed away in 2021. I’ve lived in her home for over 20 years and contributed to household bills and upkeep. She was married at the time of her death, and I’m not sure whether she had a will. Her husband, my stepfather, is now trying to sell the house without giving me anything. Do I have any legal right to stay in the home or claim a share of it?”
Let’s break it down.
Who Inherits When There’s No Will?
If your mother didn’t leave a valid will, Florida’s intestate succession laws decide who inherits her property. The law treats your mother’s estate as though she never specified her wishes.
Here’s what usually happens:
- If your mother was married at the time of her death and you are not the child of her spouse, your stepfather likely gets half, and the other half is divided among her children, which is you and any siblings.
- If the house was jointly owned with your stepfather, like joint tenancy with right of survivorship, it might not be part of the probate estate at all. It could pass directly to him.
So, your rights hinge on how the property was titled and whether your mom had a will or trust. Understanding who stands to inherit under Florida’s intestate laws is just the starting point. But legal ownership isn’t always clear-cut, especially when you’ve lived in the home or contributed financially.
Living In The House Doesn’t Automatically Create Ownership
Many adult children assume that long-term occupancy or financial contributions entitle them to a share of the home. These contributions may include helping with repairs or paying the electric bill.
But under Florida law:
- Paying bills or maintaining the property doesn’t make you an owner unless your name is also on the deed or there’s a written agreement.
- “Equity through contribution” can be hard to prove without a formal co-ownership structure or contract.
- Possession without title means you may be asked (legally) to vacate, even after 20 years.
It feels unfair. But legally speaking, ownership is about title, not time lived or dollars spent. That’s why even long-time residents can find themselves suddenly vulnerable when no legal paperwork supports their claim.
To understand what rights truly exist, we need to look at how probate works, and whether your mother’s estate was ever formally opened.
The First Step To Sorting Inheritance Claims
If your mom’s estate hasn’t gone through probate, that needs to happen. Probate is the court process for settling debts and transferring property from a deceased person to their rightful heirs or beneficiaries.
Key probate steps in Florida include:
- Filing a Petition for Administration. This is the formal request to begin probate and appoint someone to manage the estate, usually called the personal representative.
- Notifying all interested parties (heirs, creditors). The court requires legal notice so that anyone with a financial or legal interest has an opportunity to participate.
- Inventorying assets including the house. This step involves listing and valuing all assets in your mother’s name, including real property, accounts, and personal belongings.
- Paying debts and taxes. Before anything is distributed to heirs, the estate must first settle outstanding obligations like credit cards, medical bills, or property taxes.
- Distributing the remainder based on the law or will. Once debts are resolved, the court authorizes the distribution of what’s left to heirs under intestate laws or the will’s terms.
Even if your stepfather has physical access to the home, he can’t legally sell it unless proper probate procedures have been followed. But when a surviving spouse is involved, another set of rules can affect who gets to stay, and who doesn’t.
Homestead Rights & Surviving Spouses
Florida has strict homestead protection laws. If the home was your mother’s primary residence, and she was married at the time of death, her surviving spouse (your stepfather) may have:
- A life estate in the homestead or right to live there until he dies.
- Half ownership with you and your siblings as co-owners of the other half.
This creates what’s called a tenancy in common, where multiple parties share ownership rights. And this shared ownership can lead to conflict, especially if one party wants to sell and the others don’t.
When Co-Owners Disagree
If your stepfather is trying to sell the house and you’re legally a co-owner, or think you might be, you may have standing to initiate a partition action. This is a type of lawsuit filed when co-owners of property disagree on whether to keep or sell it.
In a partition suit, the court can:
- Divide the property physically, which is a rare case.
- Order the home to be sold and divide the proceeds.
- Require an appraisal and offer other co-owners a “buy-out” opportunity under the Uniform Partition of Heirs Property Act (UPHPA).
When co-owners can’t agree, a partition action may be the only path forward. If you’re in Boca Raton and facing pressure to leave your home, it’s time to understand your legal standing, and what steps you can take next.
When You Might Have A Claim
While the law favors title holders, you may still have a legal claim to your mother’s house if:
- The property was solely in your mother’s name.
- You’re entitled to inherit under intestate succession.
- Your stepfather is trying to sell without going through probate.
- You were an adult child who contributed significantly, and your mother made oral or written promises regarding ownership.
These facts can justify challenging the sale, asserting an interest through probate, or contesting a will, if one turns up later. In fact, many contested estates involve situations just like yours. If you’re facing this situation, hiring a probate attorney early can protect your inheritance rights.
Boca Raton Probate Attorneys Guides Your Legal Next Steps
If you’re living in your late mother’s home and facing threats of removal or sale, especially from a stepparent, it’s critical to protect your position. At Boca Raton Probate Attorneys, we help individuals in situations just like yours take decisive, legally sound action.
Here’s how we typically advise moving forward:
- Check the deed. Confirm how the property is titled by reviewing public records. This determines whether it must pass through probate or if it transferred automatically.
- Initiate probate if needed. If your mother’s estate hasn’t been probated, opening a case can establish your legal interest and pause any wrongful sale attempts.
- Request transparency. If someone is handling your mother’s estate or trust, you may have the right to a full accounting of all property, debts, and proposed distributions.
- Explore mediation. Inheritance disputes often involve hurt feelings and unclear intentions. Mediation can help resolve conflicts without prolonged litigation.
- Consider a partition action. If you’re legally a co-owner, you may petition the court to fairly divide or sell the property, ensuring you receive your share.
At Boca Raton Probate Attorneys, we understand how difficult it is to fight for what feels like rightfully yours while grieving the loss of a parent.
If you’re facing a situation like this, we’re here to help you navigate the process with clarity and compassion. Consult with our experienced attorneys today, and let’s figure out your best path forward together.
