Legal Question in Real Estate Law in Florida

My father passed away as well as his wife. The property is in florida and still owes 55k to the bank. As a heir what options do i have to sale, buy, etc?


Asked on 2/15/13, 12:11 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

None, until the estate is probated.

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Answered on 2/15/13, 12:13 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

The issue is if you are the only heir based on a will or intestacy that you have to probate the Estate if the property has value OR you want to invest money in it to preserve it. You cannot sell until you establish the status of the property as homestead or not in the probate case. Sorry for your losses. Good luck.

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Answered on 2/15/13, 1:33 pm
Jean Winters Winters & Winters, PA

Others have already mentioned probate.

Once you have the property, then your question becomes what to do wtih it. You are not personally liable for the mortgage debt unless you signed the note.. However, the bank can still foreclose the property if the mortgage is not paid. You did not mention whether it was a reverse mortgage - that becomes due upon death of the borrower. Once the estate is probated, you can sell the property if you can find a buyer.

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Answered on 2/16/13, 7:09 am


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