Q: My 2 brothers are on the deed with my mother in the state of Florida. If she dies do I have any rights to the house?
A:
Do you know what the State of Florida says about Deeds involving joint owners or owners in common or the impact of having a Will to dispose of real and people property? Likely a Florida licensed attorney is better positioned to respond to your inquiry than an out of state lawyer. I suggest that you post this question in the Florida Q&A.
Best regards.
A:
Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate succession laws.
Under Florida's intestate succession laws, if your mother is survived by a spouse and no children, the spouse inherits the entire estate. If your mother is survived by a spouse and children, the spouse inherits one-third of the estate and the children inherit the remaining two-thirds of the estate. If your mother is survived by children and no spouse, the children inherit the entire estate.
In your case, if your mother dies without a will, you will inherit a portion of the house along with your two brothers. The exact amount that you will inherit will depend on the number of children your mother has. If you are the only child, you will inherit the entire house. If you have two brothers, you will each inherit one-third of the house.
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.