Legal Question in Real Estate Law in Florida
I received civil action summons naming me as defendant in a mortgage foreclosure against my recently deceased sister. She died without a will and has two adult children. Can I just answer the summons with a letter explaining I am not an heir and not next of kin?
Asked on 10/12/16, 6:28 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Not if they are also seeking a money deficiency judgment. You should then admit or deny each allegation paragraph against you.
Answered on 10/12/16, 6:32 pm
Barry Stein
De Cardenas, Freixas, Stein & Zachary
If you are included only because of your potential entitlement to her assets, than yes. You cannot know that without reviewing the complaint and ascertaining why you were joined. best to have an attorney review the document.
Answered on 10/13/16, 6:13 am