Legal Question in Wills and Trusts in Florida

Re: Florida Probate Law

I would advise you do something to clarify your situation now.(the facts are getting worse regarding this property).I would suggest you call me at my office when you receive this e-mail so I can assist you evaluate your options.

Re: Florida Probate Law

I am presuming the house is still titled in one or both parents names, not your brother who lives there. If this is the case, the Executor should probate the Will so he can be appointed. If he does not want to, does the Will provide for a replacement Executor? If so, the original named Executor can renounce his appointment in favor of the secondary Executor. You might have liability for the foreclosure, since you inherited on the surviving parent's death, and are now considered an owner. You need a good local, reeal estate attorney, also familiar with estates, to assist you. The bottom line is that if the defaults are not cured, you need to prtect any equity you may have. The brother living there has responsibility to the estate, like rent or its equivalent, which if not paid, can come off his share of the estate. 1/3 of this amount is due you and you have liability for 1/3 of the on-going expenses, like taxes, insurance, repairs, etc. This is a quite complicated matter, as you present it, so if there is any equity, you should retain an attorney. If there are more than one mortgage, in whose name(s) are they? If your parents, this is an estate debt and need to be paid. If in your brother's name, how did he get them? Did your parents co-sign for him? These questions also come into play on how best to proceed, to limit your exposure, and to get what your parents left you.

Re: Florida Probate Law

The property can go "into probate" regardless of financial condition. In a worst case, if the mortgage is forclosed or the property is lost to a tax sale you have rights to any excess at the auction. I suggest you speak to an Florida attorney or two and take some action to safeguard your rights.