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yamila25
Jun 12, 2008, 05:33 AM
Hi, I have a friend that her husband passed away 7 months ago. The problem is that the house my friend lives in is owned by the husband children (adult children). The husband had changed the deed before he married my friend and put his children on the deed. My friend understand that the house belongs to them, however, the husband left a $1,000,000.00 policy to each of his children and did not leave anything for my friend. During the past years, the husband was on disability and my friend was the only one working. My friend and her husband have paid the mortgage for the last 18 years. She is 60 years old and does not make a lot of money at her job and does not have the funds at the moment to move. The children have hired an attorney to evict her in 30 days.

She lives in Florida and is does not know what to do.

George_1950
Jun 12, 2008, 05:52 AM
Welcome to AMHD. Your friend needs competent legal advice. Check this: Consumer Pamphlet: Probate In Florida (http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/92f75229484644c985256b2f006c5a7a?OpenDocument)

excon
Jun 12, 2008, 05:53 AM
Hello y:

Your friend should have gotten legal advice YEARS ago. I think it's actually TOO LATE to do anything. Because she didn't, she will probably have to move.

excon

ScottGem
Jun 12, 2008, 06:23 AM
Unfortunately I have to agree with excon. Her husband apparently had competent legal advice. It looks like he protected his assets from your friend by adding his children as co-owners and by taking out life insurance polices making them the beneficiaries (You don't "leave" a policy to people you make them beneficiaries). In this way he moved his assets outside his estate. So she still gets what's in his estate but I suspect there isn't much left in there.

Her helping to pay the mortgage is not going to get her very far since it could be said she was just paying for her room. I agree she should consult an attorney. But I doubt if an attorney will tell her anything more than to move.