Legal Question in Real Estate Law in Florida

My son and I are joint tenants, the mortgage is solely in my name. If I die what will happen to this home and what will be his responsibility?


Asked on 9/11/09, 11:35 am

1 Answer from Attorneys
Richard Stoffels Stoffels Law Group

If by joint tenants, you mean joint tenants with right of survivorship, and not tenants in common, then when you die the real property is owned by your son as a matter of law. However, the bank still has a lien against this property which you legally granted, and the property can be foreclosed upon, ultimately causing your son to lose the property if he does not pay the loan balance.

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Answered on 9/11/09, 11:43 am


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