Legal Question in Wills and Trusts in Florida

loan/mortgage held by decressed w/ funding accounts at same bank

father passed with 2nd mortgage father had several accounts @ bank w/ one funding acct..pay on death changed few days before father passed. mortage not paid off by bank and funds released to other party. Personel Representive stop making payment who is responsible for loan bank or personel representative?


Asked on 7/27/07, 1:35 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: loan/mortgage held by decressed w/ funding accounts at same bank

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The personal representative is charged with the responsibility with handling the affairs of the decedent. Debts of the estate are supposed to be paid from any assets. If there not enough liquie assets to pay the obligations, some other assets might have to be sold so that there will be. If there are no assets, then the debt will go unpaid. The personal representative is never personally responsible for the debts of the decedent, however.

Scott R. Jay, Esq.

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Answered on 7/29/07, 1:47 pm


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