Legal Question in Wills and Trusts in Florida
What happens when my grandfather dies?
My grandmother recently passed away. My grandfather has heart prob, failing health. I am the benificiary on life insurance policies for him. Their house is mortgaged. We are currently living with him to help take care of him. there is no will written up. What will happen to the house when he dies? Our things are here too right now. Will the life insurance have to be paid on the house? Is it part of the estate? Will we be able to get our things out of the house? Or will the bank lock the house with everything in it if the mortgage cannot be paid on it. Right now with the downfall of property prices, the mortgage is more than the house is worth. We are kind of in limbo about what will happen. I will not leave him here by himself, his health is not good enough. But I do not want to loose my things either. Please Help.
3 Answers from Attorneys
Re: What happens when my grandfather dies?
Certain property may need to go through probate while other property will not need to. For example, the life insurance policy will not go through probate. Generally, all that is needed is a death certificate to get the funds released to the beneficiary. Depending how property is titled will determine whether it needs to go through probate. If your grandfather can legally execute a will (if he is of sound mind), he should be encouraged to do so.
Re: What happens when my grandfather dies?
The life insurance is not tied to the mortgage. The mortgage must be paid or the house will fall into foreclosure. Without a will, Flordia Statutes will direct how the estate shall be divided.
Re: What happens when my grandfather dies?
First, if your grandfather is of sound mind then you may want to consider having him draft a will (with the assistance of an attorney). He should designate who is to receive the house and how the estate should be distributed. If the house is left to you, even if the insurance proceeds aren't part of the Estate you may want to consider using them to keep the house, if that is what you want to do.
You may have several options and I would suggest that you discuss them with the attorney drafting the will.
If the life insurance policy
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