Legal Question in Family Law in Florida

My name is Susan Johnson. I am trying to find information out for a friend. This is the story: I am wanting to know what my friend can do to continue living at her house.The owner of the house (her father) has passed away (without a will) and the mother is in a nursing home and unable to write and has some dementia. The father did not give the daughter power of attorney.

#1 The morgage on the family home has gone up. The morgage company will not discuss the morgage with my friend because her name is not on deed.

#2 She does not have a job but is going to college on a loan (part time).

Is there anything that she can do that will allow her to continue to live in her home? This home is the family home. And my friend is the only heir as she is the only child.

Hope that you can give me some advice for her,

Susan Johnson


Asked on 5/06/16, 11:15 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

The father's estate must go to probate unless mother was also on the deed. She should also apply for guardianship of the property of the mother. Good luck.

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Answered on 5/06/16, 11:22 am
John Smitten Carey and Leisure

She has to start a probate case to handle the affairs of the decedent.

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Answered on 5/10/16, 2:15 am


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