My question involves real estate located in the State of: Florida
My mother and her husband (not my father - he was her 3rd husband) owned a home in Florida as tenants-in-common. My mother passed away a few months ago, and supposedly died intestate, although there is some question about that - she said she had a will, but did not let us know who the personal representative was. Her husband is now claiming she did not have a will, but we have no way of producing one, not knowing who her lawyer was either. The husband has retained an attorney who tells my brother and me that pursuant to Florida law, since they were tenants-in-common and their house is a homestead property, that the husband has gotten a life estate in the house. He wants to sell the house (it is paid off) and his attorney tells us that he needs my brother's and my consent to sell the house. Does this mean that my brother and I now own a one-half interest in the house? I have tried to find out about life estates online, but with little luck. What happens when the husband dies? Does his interest in the house pass to his heirs or to my brother and me? I have read that when he dies, the life estate is dissolved, but am unclear as to what happens to his share.