Who has a homestead right in the Decedent’s home?
If the Decedent is survived by a spouse, his or her spouse has the absolute right to occupy the Decedent’s home for as long as the spouse is alive. Of course, if the home has a mortgage or other expenses, the spouse will be liable for those expenses. Likewise, a minor child living in the Decedent’s home at the time of death has the right to continue living in the home until they are no longer a minor. Also, an unmarried adult child of the Decedent who was living in the Decedent’s home at the time of death, has the right to live in the home.
