My wife has her son on the deed to her house, written as joint tenants with rights of survivor ship. What happens if my wife passes away, Do I have any rights as to continuing to live in the house. Her son has refused to remove his name from the deed. Where do I stand ?

She dies, it's his house to do with as he wishes.

You have no right to the house.

Your name is not on the deed at all? If not, then, if your wife passes away before you, her son is going to own 100% of the house and you will have no right to live there except with his permission.

Quote:

---

Originally Posted by LisaB4657

Your name is not on the deed at all? If not, then, if your wife passes away before you, her son is going to own 100% of the house and you will have no right to live there except with his permission.

---

Not quite true.

"2012 Florida Statutes

...
732.2035 Property entering into elective estate.—Except as provided in s. 732.2045, the elective estate consists of the sum of the values as determined under s. 732.2055 of the following property interests:
(1) The decedent's probate estate.

(2) The decedent's ownership interest in accounts or securities registered in “Pay On Death,” “Transfer On Death,” “In Trust For,” or coownership with right of survivorship form. For this purpose, “decedent's ownership interest” means, in the case of accounts or securities held in tenancy by the entirety, one-half of the value of the account or security, and in all other cases, that portion of the accounts or securities which the decedent had, immediately before death, the right to withdraw or use without the duty to account to any person.

(3) The decedent's fractional interest in property, other than property described in subsection (2) or subsection (7), held by the decedent in joint tenancy with right of survivorship or in tenancy by the entirety. For this purpose, “decedent's fractional interest in property” means the value of the property divided by the number of tenants."
..."

A surviving spouse's elective share is 30% of the electve share estate.

So, should she die first, the OP would get that portion. If some portion of the house is distributed to OP in satisfaction of his elective share, the step-son would not be able to kick him out.

What if 732.2045(1)(a) applies? If the wife owned the property with the son as JTWROS before the marriage, or after the date of the statute, then it is not included in the elective estate.