Legal Question in Wills and Trusts in Florida

Re: Executor Needs to Re-Negotiate Mortgage

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Probably. A maker of a will gives the Personal Representative certain powers to handle the affairs of the estate. Generally, the ability to finance or refinance real property is included in those powers.

If not, it is possible that a motion can be drafted for the Court's approval to allow the property to be refinanced. The Letters of Administration vest powers in the Personal Representative to execute instruments on the estate's behalf.

The estate's attorney should be knowledgable in these matters. If not, it may be time to consider an attorney who is.

Scott R. Jay, Esq.