Legal Question in Wills and Trusts in Florida

My father helped me purchase a home several years ago in TN. Dad lived in Florida where the will was drawn up. I already had a contract with the seller in my name, I was approved for a mortgage, but Dad did not like the interest rate so he called the handing agent, they tore up my contract and redid all the paperwork in my Dad's name. I paid 100% of the mortgage, taxes, insurance and all other expenses. The agreement between me and Dad was, it is MY HOUSE. Purchase price $111,000. Mortgage still owed $90,000. Fair market value on day of his death, approximately $125,000. He did this to get me a better interest rate. My father passed away and I have 3 brothers. The estate estimated at $2M (not including the value of My Home) is to be divided equally. There is one section that states the following:

"As part of my said daughter's equal share of this estate, she shall receive, the real property located at (address) subject to any existing mortgage. My Personal Representative shall not pay the said mortgage. It will be the responsibility of my daughter, (my name), from the time of my passing onward to pay that mortgage. Furthermore, her equal share shall be computed by using the date of death current fair market value of the said real estate without reduction for the mortgage. For the purpose of computing the size of her equal share, the mortgage shall be irrelevant."

We do not understand this section. 2 of my 3 brothers KNOW this is My House, Dad told them so. They knew since the day the home was purchased. The problem is, we do not understand this paragraph, and 1 brother insists it is NOT mine, and wants the his portion of it. Please explain this paragraph and tell me where I stand.... I don't know what to do. Thank you.


Asked on 8/10/16, 6:16 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

This gives the home to the daughter. you will have to prove your claim to the home in a separate proceeding. You also have a lien for expenses. The estate must also go to probate. Suggest you retain counsel.

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Answered on 8/10/16, 6:40 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attormey to review all paperwork not just a paragraph. Asking an attorney to give an opinion like this is unfair.

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Answered on 8/10/16, 6:51 am
David Slater David P. Slater, Esq.

This reads as if he claims to own the house. You will have to prove differently or it is part of your share of the inheritance. Retain counsel if you contest.

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Answered on 8/10/16, 7:51 am


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