Legal Question in Wills and Trusts in Florida

My husband was left his fathers house and the estate is still in probate. We live in florida and the lawyer had told my brother in-law that creditors only have three months to file a claim against the estate. There is still a mortgage on the house. My brother in-law is trying to tell my husband that we don't have to pay off the mortgage since the mortgage company didn't file a claim against the estate. I think he is wrong and we are obligated to pay the mortgage.


Asked on 9/22/14, 4:13 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The mortgage is a lien against the property and the failure of the mortgage company to file a claim in the Estate may jeopardize their entitlement to a personal judgment against the Estate in a foreclosure action. They do not lose their lien against the property. It is still enforceable.

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Answered on 9/22/14, 4:34 pm
David Slater David P. Slater, Esq.

You are correct.

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Answered on 9/22/14, 5:48 pm


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