Legal Question in Real Estate Law in Florida

My wife and I live with my father in law in a home he has financed through a VA loan. He is terminally ill and expected to pass soon. We pay all of the bills and have some bills in our name but the mortgage is in his name even though we pay it. We had a short-sale less than 2 years ago so didnt qualify when we purchased this home. What are our rights after he passes and how can we get the home in our name? How long can we stay in the home after he passes if we keep paying the mortgage?


Asked on 4/28/11, 7:45 pm

1 Answer from Attorneys
Richard Kaplan

If someone inherit the property the mortgage does not become due. It continues with the new owners. So they don't have to qualify or refinance the mortgage.

On top of that, outside of the mortgage being secured by the property, there is no personal liability to the new owner.

Once he passes, you must deal with legally transferring it to the new owners. For that you would need an attorney. However, you may want to consult with one beforehand to prevent errors and complications that can be addressed now.

Also, the new owners must also keep the mortgage current once he passes.

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Answered on 4/29/11, 4:52 am


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