Legal Question in Wills and Trusts in Florida
My father's estate in Florida is in probate. Title to his house has passed to me, my brother and sister. His house is underwater and we do not know what action to take. A short sale was not accepted. We can try to get a deed in lieu or have Citimortgage foreclose. Citimortgage did not file a claim with the probate court and the estate is about to be closed. What action should we take and what are the financial implications to us? Are will liable for deficiencies, taxes, etc. The mortgage has not been paid in 11 months. We all live across the country and do not live near my father's house. If the house is foreclosed on do we have to clean it out. Thanks
3 Answers from Attorneys
You should not have taken title unless you wanted the house. You need legal advice which will depend on many factors that are involved.
1. Did title pass per Will or
2. Did title pass via probate. If title passed via probate then you can disclaim any interest in the property. Have the attorney file the documents.
IF you disclaim the property then you are not responsible for any thing.
As to cleaning out the house - that is your choice. If you don't want anything - leave it and the mortgage lender will eventually have someone go in and clean it out.
So sorry for your loss.
You need an attorney. if you have someone handling the probate that is the attorney you should be working with on this matter. You cannot get answers on a forum like this without all your facts and details.
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