Legal Question in Wills and Trusts in Florida

Re: Mortgage, Car, etc.... without a will

If she is not on the deed as tenants by the entirety she cannot sell the house. One solution, assuming cooperation of the husband's children, is to open a probate and have the children disclaim their interest in the home. The surviving spouse will then own the home, subject to the mortgage. Failing that, it would appear that the surviving spouse has a life estate and the lineal descendants of the husband hold a remainder interest. Of course, these interests are subject to a mortgage. There could also be other solutions but I would need to know more specific factual information.

Re: Mortgage, Car, etc.... without a will

The response from Mr. Shigo is correct, except that if the decedent's children disclaim their interest, it does not pass to the spouse, it passes to the disclaimants' children - not a good result. What they would need to do is to deed their interest to the spouse. No matter what, it will require at least a limited probate action to document how the home, etc., passed on death. As far as contacting the mortgage company, it should not matter whether they are aware of the death as long as they are receiving regular payments. Personally, I would not rush to contact them.

Feel free to call if I can be of further assistance.

Frank Pyle, Attorney, Orlando, Florida