What legal leg do I have if the step dad in that short time apparently sold the home to the neighbors and with all my mail still going there? 2 Answers as of February 27, 2013

My husband and I moved in with his mom and stepdad because his mom had a stroke and his stepdad didn’t have the money. Since then my husband has paid all the bills. His mother has passed and had no will. It was always to be that after the stepfathers passing my kids would get her home. We had recently left the home and have all our things still in the home. We have only been gone 21 days and been back before that once to check on things. The step dad turned in the mailbox keys, and now I'm being told I was trespassing by the neighbor when I went to get some of my kids’ stuff and since he bought the house he owns all my stuff. Is there anything I can do?

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The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If the house was in both of their names, at your mothers death, the stepfather had the right to sell the home.
Answer Applies to: Florida
Replied: 2/27/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
If the home was your moms prior to marrying your stepfather, and if she left no will, he acquired what is called a life estate in the home, meaning that for his life he maintains control of the home. However, you have what is called a remainder interest in the home, meaning after he dies, the home belongs to you (and your siblings if there are any). He cannot sell the home without the permission of the remainder interest holders. If the house has been sold you have every right to sue you step dad to rescind the sale of the house. I encourage you to see an attorney familiar with these proceedings.
Answer Applies to: Florida
Replied: 2/27/2013
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