Asked in Elder Law, Real Estate Law and Probate for Florida

Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know that you were not put on the deed or named in any of those estate planning documents, then it is likely that you will be fighting an uphill struggle and will likely be asked to leave in the near future. Until the probate process has commenced and there are actual court judge signed orders there is little that they can do. So, it depends on what probate filings have been made and what documents have been signed. Keep in mind, once the order of homestead (if applicable) and other orders are signed then it is likely that they will work towards accessing and removing you from the property if you do not get along with them well or have other rights to be there in the property. As far as accessing the home and property, until they have court orders they have no rights, that said, if it will make things progress amicably between you and them then you may want to try to work with them in a reasonable manner. Note, just because probate has commenced does not necessarily mean they have any rights yet to access the home.

Marc J. Soss
Marc J. Soss
PREMIUM
Answered
  • Probate Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: When you use the word "partner" I am assuming that you were not married to them. If that is the case unless your name was on the title or their Last Will and Testament left you rights to the property, then you have no legal rights. I can start eviction processses to remove you if you will not voluntarily leave.

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