Florida: Will Gives Brother Right To Live In House — Can I Be Forced To Pay Expenses?
Location: Florida
Under the current setup of my mom’s Will, when she passes, my brother (who lives in a camper in her backyard with his wife) would be allowed to live in the house. If my brother later passes away, the house would then transfer to my kids.
I told my mom that it might be easier to just leave the house directly to my brother. We’ll be living out of state, and I don’t want to deal with potential conflict—like him asking me to pay for half of major expenses (roof replacement, property taxes, homeowners insurance, etc.) while he’s the one living there.
She did write into the will that whoever lives in the house is responsible for all expenses, including taxes, insurance, and maintenance. However, I’m concerned that since I (or my kids) would technically have an ownership interest, my brother could still try to pressure me to pay for part of those costs anyway.
I’d like to keep the house in the family, but I don’t want the ongoing financial or emotional burden that could come with shared ownership—especially from out of state.
Additional context:
My brother and his wife have been living in the backyard since 2011. They sometimes help with yard work, but they pay less than $200/month in rent and do not contribute to utilities.
ETA: my mom had this Will drawn up with a Florida estate attorney.
ETA again: my mom owns the home, so no mortgage. My dad has passed and was a disabled veteran, so the home is exempted from paying property taxes, but once she dies, those taxes will be added back and adjusted, from what I have been told.
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