Legal Question in Wills and Trusts in Florida
My brother passed away in MIami, Florida last December. He left no will. He is divorced and has a daughter who does not want to assume the apartment he left her because it has a reverse mortgage of $55,000 + which she can't afford. She wants me to keep the property and the $2,000.00 he has in a bank account which is frozen.
Will a heirship affidavit give me the right to put the property in my name once I satisfy the payoff of the mortgage? If so, what do I need to do? Do I file papers in Miami Courthouse or do I need to go through probate court anyway?
1 Answer from Attorneys
You have the concept of reverse mortgages wrong. Upon your brother's passing, unless there is equity in the property, the heirs just walk away from it. The lender will foreclose and take the property without the brother's estate being liable for any deficiency.
If there is a probated estate, then the house should be probated, and most likely deeded to the lender, unless there is equity to recover.
As to the other probateable assets, the daughter can disclaim her right to the money, but then it would go to your brother's parents. If no parents, then to his siblings. Summary administration or Disposition w/o Administration may be appropriate probate proceedings.
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