Legal Question in Wills and Trusts in Florida
Mom died we want to keep house and property in family
Mom died survived by three of us. We are beneficiaries on her bank account. She recently refinanced her house for 40,000.oo pmnts were only 400.00 a month. Any way we couls keep the house and continue the payments like when she was here. She only owed 1 credit card 3,000.00 and another 800.00.Would like to also keep her car already paid for and she owned a trailer my aunt and uncle are living in they were paying her back since she paid 20,000 cash for it. Can we elect to assume the responsibility of her payments and keep things the way they are without doing whatever the probate is. None of us have money to spend for a lawyer but we don't want to lose what little my mom did own.
2 Answers from Attorneys
Re: Mom died we want to keep house and property in family
If the home is titled in your mother's name only then you must file formal administration. Next the court would look at the Will to determine who receives the home. If no Will then it passes to surviving spouse, if no surviving spouse then children. Feel free to contact me should you have any questions. Sincerely, Melody Stickel-Martinez, Esq. (954)764-4484
Re: Mom died we want to keep house and property in family
It does not seem as though the estate qualifies for an alternative type of disposition. It seems as though you will have to go through probate administration because of the value of the assets and the credit card debt at a minimum. You may want to meet with an attorney at least once to evaluate the situation. Best wishes.
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