Q: no rental agreement ,no lease , house is passed down thru will
my friend moved to Florida in the past year . his father died, his mother now owns the house ,when she dies the house by his father's will goes to him. he now has moved in ,all utlities are in his name, there was no verbal or written agreement to payment of rent . now they (his mom and her new husband) are saying he has 15 days or he is out . what are his rights ?
A:
This question is very fact specific. Your friend needs to consult with either a probate attorney or real estate attorney and have the attorney review any prior probate documents and also the current deeds to the house and then your friend can get specific legal advise.
There is just too much details not stated that makes it not possible to give an answer to this question.
A: I agree with Attorney Williamson, there are too many facts to give an exact answer. If the mom owns the house and he has no legal document showing he has the right to live there, he may have to get out or they will have to file an eviction or ejectment action against him. It is not clear when you say when the mom dies, the house goes to him per the father's Will. Was there a probate done for the father? The manner in which the mom owns the home will be very important to determine the next step. Your friend will need an attorney to help determine what his rights are and/or will be. Best of Luck!
A:
Based on the generality you give:
Son has no rights to stay in the house.
And when his mother passes away, he may not have rights to it even then, except as a remainderman to his wife's husband's life estate.
A probate attorney will be able to sort this out.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
