Legal Question in Wills and Trusts in Florida

Issue: cousin died with no will and has no parents or children. The executor of the estate listed all known relatives (about 30 ppl) as heirs. Now received a law suit from the mortgage company of the deceased cousin. Mortgage comapny has named all relatives as the defendent and each one will be personally served. Lawsuit says that I have title to the house along with all the other. I am not sure how to respond but I do not want to have to pay debt for an interest in a property that I never wanted, was not aware I had, and didn't even know the cousin that died. How do I respond to this lawsuit to inform the company that this is property of a deceased person and I was just a person listed as an relative who wants to transfer my interest and relinquish myself from title and removed as a named person in the law suit?

The property is located in Florida and lawsuit was also filed there. I live out of state so do I have to go to the same court to file this within 20 days or can o file at my local court?


Asked on 7/16/12, 11:32 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If your were served papers, you have 20 days to respond. YOu must answer the pleadings and file your answer in the court that originated the case along with a copy to the attorney who is representing the estate. I suggest you get an attorney to help you with this. If you do not handle properly, it will appear on your credit report.

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Answered on 7/17/12, 5:18 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You dont become personally responsible for the loan just because you are included in the lawsuit. The mortgage company has no choice but to include all heirs in the lawsuit to make sure they interests of anyone who has a potential interest in the property are foreclosed. Contact the attorney who filed the lawsuit and advise him you want to relinquish any interest in the property. Contact the attorney in writing within the 20 day period and make sure to file a copy with the Court. They should be quite happy to have your interest resolved.

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Answered on 7/17/12, 5:29 am


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