Frostproof, FL Estate Planning Law Firms & Lawyers

What happens to the house depends on the title to the property and your Will or Trust, if you have one. If title is joint with your husband, it would pass to him, if you die. The same is true if you leave him the house by Will or Trust. If you do nothing and the house is in your name alone, your husband would divide the house with the kids. He would get the much larger portion, however. There are a number of options for structuring this, depending on your objectives. I would suggest you see an estate planning attorney, to discuss this further.

While your mother in law can not force her son to change title on the home, she can assign her portion to her children by either deeding her share to them using a quitclaim deed or if she want to avoid any gift tax issues and avoid probate, she can transfer her share to a living trust and stipulate that her share of the home goto her other children. Consult an attorney regarding setting up a living trust.

A quitclaim deed cannot transfer title.  The only thing it can do is note that the signer quits making a claim to ownership.  That is why it is best used with disputed easements and rights of way. The owner of a life estate (your mother, since a quitclaim deed cannot transfer title) cannot do anything which would damage the rights of the remaindermen.  (Note that the situation is different if this is not a simple life estate but a general warranty deed reserving extended life estate a/k/a Lady Bird Deed.  Your mother could revoke that at any time before her death.) On your mother's death (which terminates the life estate), your brother could file a claim against her estate for "loans" for improvements -- but would have to show tbey were not gifts.   Show the actual documents to a local real estate lawyer so that she can advise you based on the facts.