Legal Question in Wills and Trusts in Florida

Mortgage payments in probate

My mother has left her home to myself and my brother in her will. After she dies, how do I go about payng her mortage while her will is in probate? Am I allowed to make her mortgage payments myself? How long do I have to wait before I can arrange for a mortage myself?


Asked on 11/16/03, 5:47 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Mortgage payments in probate

Just send them a check each month, preferably with the monthly statement they send/or the monthly coupon. Make sure you put the account number on the check. Yes, they will take anyone's money. It will probably take about four to six months to clear up the title after her death so that you can refinance in your name.

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Answered on 11/16/03, 6:17 pm
David Slater David P. Slater, Esq.

Re: Mortgage payments in probate

Once the will has been probated and you receive title to the property you should refinance. Either you have the estate personal representative make the mortgage payments or you make them.

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Answered on 11/16/03, 6:23 pm


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