Legal Question in Real Estate Law in Florida
Last yr my mother in law past a way. With a small loan still owed on it but it was never paid off one of her daughter was supposed to take care off all the legal matter. But come to find out they didn't pay off the loan they did not inform the bank that her mother had past they just made the payments.So me and her youngest daughter moved in with our four kids and started making the payments on it we have been paying. for that last yr but right now we started getting letter for info update on her mother. and we are worried about losing the house. it been in her family for over thirty yrs so we don't want to lose it.plus we cant afford to move now. it is not in foreclosure because we have been making payments but if they do take the house can we get any money back for what we put in on it im trying to find out some options this is a time sensitive matters. thank you
3 Answers from Attorneys
You need to go through probate to get the house titled in the name or names of the people that are supposed to inherit the house (either through will, or if no will, though intestate statutes). Otherwise you will not be able to sell or refinance that house, whether either event occurs now or twenty years from now. You should be fine with the bank as long as timely payments are made on the mortgage.
I can help you with the probate of the house, if interested.
Go through the probate so the right people have that. If that is you, i suspect the bank will refinance for you if you want to keep it in the family.
Probate the estate through the court in the area where she resided. The court in your area will have information on-line. You will probably need an attorney to help you. I have a blog post on probate basics at www.floridawillmaker.com. Regards,
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