Q: Rights to father's home against his wife according to will.

A: I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you and you qualify there is little you can really do, once approved in a Formal Probate you will get letters of administration, this lets you act on behalf of the estate and take all necessary actions related to the estate. You should be working closely with a Florida Probate Attorney for the probate filing and related things you will need to do for the estate. The surviving spouse has substantial rights regardless of what a Will/Trust or any other estate planning may say unless they signed a pre or post-nuptial agreement to the contrary, the surviving spouse usually has rights to the Homestead and a percentage of the estate. Regarding the home, the spouse can take/ choose a life estate or take a 50% interest in the home. Working with the previous spouse amicable to reach agreement is advised or it will just cost unnecessary time, delays and expense for everyone. The home will be sold, or she stays there for life and it reverts to you upon her passing, you will need an attorney to address these matters and pursue probate.

A: I recommend that you not seek legal advice on the internet but retain a probate attorney. Under most circumstances, the personal representative, by law, must be represented by an attorney.

A: If the property was your father's homestead, the will does not override Florida law regarding how the homestead passes to your father's heirs. Your father's wife can choose to live in the house for the rest of her life with no other ownership interest, or she can choose to own half of the property outright now. If she chooses to live there for the rest of her life, your father's children will inherit the property when she dies. If she chooses to own half of the property, her half of the property will pass to her heirs when she dies. If she elects to own half of the property, you can force her to sell the property through a partition lawsuit. Schedule a free consultation to ensure your inheritance is protected.

A: I'm really sorry you're having to navigate this while honoring your father's final wishes. It’s clear that you want to do the right thing by both your father and his wife, but also need to protect what was legally left to you. You're right to ask these questions now, before something irreversible happens.

If the will clearly states that the home is to be sold or left to you, then that direction controls—unless your father’s wife has a legal right to stay there under state laws, such as a spousal homestead or elective share. If you allow her to live there, you’re essentially creating a life estate or tenancy agreement, even informally. But that does not give her the right to change ownership or leave the home to anyone else in her own will unless your father granted her that authority in writing.

To protect your rights, you should have a written agreement that confirms her right to stay is temporary and that ownership remains with you as the heir. Consider recording this agreement or documenting the life estate in public records, so there’s no confusion later. You’re doing the right thing by being generous, but don’t let that kindness open the door to future disputes. It's okay to honor your father’s wife while still standing firm on what your father wanted for you.