Q: I am co-owner on a deed and mortgage woth a man who passed away on Dec 3. Can I seize the property and evict the wife?
A: No, the widow may very well have a life estate in her late husband's one half undivided interest in the property. This interest is protected by the homestead provisions of Florida's constitution and statutes.
A: Impossible to say as the wife may (and likely does) have ownership rights via her deceased husband's 1/2 interest; she may step into his shoes as co-owner with you. You would need a probate court to determine this and cannot seize the property or evict yet.
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