Legal Question in Wills and Trusts in Florida
Mortgage Liability after death
My brother was killed over a year ago. My brother owned a home with him being the only one on the title and mortage. After he died, my nephew, his son, made some mortgage payments with the intention of keeping the house. However, he could no longer afford the payments and has since stopped. He, and my other brother (who lived with my deceased brother) recently received a letter from the mortgage company that they're seeking reimbursement of the loan amount plus attorney's fees. They (the mortgage company) has ceased the property (my living brother moved out about 2 months ago) about two weeks ago and have indicated that is up for auction in Feb. I told my living brother that he has no obligation whatsoever because he was not on the mortgage, not on the title and never made mortgage payments. (I am correct, right?) As for my nephew, I am not so sure. Even though my nephew wasn't on title or the mortgage, does his making some payments somehow obligate him? I would think not but of course, I am not a lawyer and I know how screwy laws are some times, especially in Florida. My nephew is, unfortunately, naive and has no resources for legal help. Thanks for your assistance and time.
3 Answers from Attorneys
Re: Mortgage Liability after death
As you have described it, neither of them have any liability.
Re: Mortgage Liability after death
Only the estate of the decedent is responsible.
Re: Mortgage Liability after death
I would agree with the other answers -no liability to anyone but your deceased brother.However,if their is equity in the property it would make sense to get it and share it with family members.If you are interested call me or send me an e-mail.Why give money away?
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