Legal Question in Wills and Trusts in Florida

Florida Probate

My mom passed away leaving a will that leaves her home to her children (there are 4 of us). The only asset in the estate is the property she owned. The property is not worth what she owes on it therefore, we do not want the property. The mortgage company has filed a foreclosure suit naming all of my siblings. How do we waive our rights as heirs to this property


Asked on 4/14/09, 3:12 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Florida Probate

If you do not answer the complaint filed by the mortgage company, then a default will be entered and you will lose any right or interest in the property. Look closely to make sure that you are not being sued for money, but only to foreclose your interest in the property.

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Answered on 4/14/09, 4:13 pm


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