Legal Question in Real Estate Law in Florida

owner left no will; does mortgage holder own property now, or person receiving r
My parents own the mortgage on a house, and the person who sold them the mortgage is now deceased. He left no will that can be found, and he died in January 2002. He was not married, had no children, but his girlfriend has been receiving the rent checks. Does the girlfriend legally own the property now, or are my parents now the owners? What legal steps do they need to take from this point? By the way, the girlfriend does send my parents the agreed upon dollar amount specified in the contract, and so far, all the payments have been received within the grace period. There are some problems with the house that she refused to have fixed. Is there anything that can be done to make her pay for those, since she is keeping the extra money received from rent?

Asked on 11/16/03, 8:18 pm

David Slater David P. Slater, Esq.

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Re: owner left no will; does mortgage holder own property now, or person receivi

Neither. An estate must be set up to determine the owner and the rights of creditors.

Answered on 11/16/03, 9:23 pm

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