Legal Question in Real Estate Law in Florida

my husband passed away, our mortgage has both our names,what should i do, he did not have will


Asked on 7/06/16, 8:28 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

it is not the mortgage that matters but the deed. did the deed have both names as husband and wife or as joint tenants with rights of survivorship? if so, you don't need to do anything until you want to sell or transfer the property. Than you will need to record a certified copy of his death certificate and an affidavit or continuous marriage. Sorry for your loss. seek some legal advice to be certain what all your paperwork means.

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Answered on 7/06/16, 10:14 am
David Slater David P. Slater, Esq.

You are still responsible to pay the mortgage.

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Answered on 7/06/16, 10:48 am


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