Legal Question in Wills and Trusts in Florida
In Florida, who is responsible for paying the mortgage on the deceased's property while the will is in probate?
Asked on 9/18/10, 8:57 am
3 Answers from Attorneys
Kellen Bryant
Law Office of R. Kellen Bryant, P.L.
The estate should pay if probate is going on, then whomever owns the house after probate should pay. If someone else besides the deceased signed the loan for the house, then that person will have to pay.
Bottom line: If no one pays the mortgage, the lender will foreclose.
Answered on 9/23/10, 10:22 am
David Slater
David P. Slater, Esq.
The PR out of estate proceeds.
Answered on 9/23/10, 10:23 am
If it is homesteaded property, the estate can voluntarily pay as long as it filed the right forms. Otherwise it is the heirs that take it.
If it is non homestead probate property, then the estate.
If it is non probate property, then whoever is shown to be the owner on the deed.
Answered on 9/23/10, 10:58 am
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