Legal Question in Wills and Trusts in Florida
Mother died, only child,she owned home for 6 mo's. what do I need to do
My mother died suddenly 8/26/03. she has a property in her name she has owned for 6-9 months approximate value 122,000.00 it is in florida. she also has a truck that she owes approximately 7800.00. what are my choices how long do I have to make them. I don't have the money for expensive legal fees especially if I sell these items and do not make a profit ( end up owing or the profit not being able to cover my expenses). what do I do from here. Give me the pros&cons. Draw backs% benefits. I believe wells fargo holds the note for her property I don't know who holds the note for the truck.
I'm completely lost and need help. I don't want to end up getting screwed.
Look for ward to hearing from you ASAP.
Tracy
4 Answers from Attorneys
Re: Mother died, only child,she owned home for 6 mo's. what do I need to do
You did not indicate the existence of a will so I assume there is none. If you are her sole heir you must petition the circuit court where she resided to be appointed personal represetative. Her estate will be responsible to pay off her debts. I suggest you consult an attorney
Re: Mother died, only child,she owned home for 6 mo's. what do I need to do
Either formal probate or summary probate will be required in the circuit court for the county where your mother lived. You would need the assistance of a Florida attorney. I am assuming that the house was her home, but I would need more information to make any specific recommendations. Such as: How much is owed on the home? What is the value of the truck? Is there a will? Are you the only child? No husband?, etc. You have no time restrictions, other than the fact that the mortgage payments and truck payments must be made or they will proceed to foreclose/repossess. I will be happy to discuss a bit on the phone with no obligation. 800-771-7124 - Frank Pyle
Re: Mother died, only child,she owned home for 6 mo's. what do I need to do
You have raised several questions while providing minimal information and there are probably many more that you may not even be aware of. This is not the type of question that can be answered in one or two short paragraphs and thus does not lend itself to be adequately resolved in this forum.
Was there a formal Will? If so, was it self-executing? Is the property and/or the car mentioned therein? Did your mother have credit life insurance that will pay the balance of these loans?
An estate will have to be filed but these questions must be discussed first. The cost of an attorney is negotiable and should not be prohibitive.
I strongly suggest that you consult with a qualified Florida attorney. Many attorneys will give a limited consultation at no charge.
Scott R. Jay, Esq., 305-249-8000
Re: Mother died, only child,she owned home for 6 mo's. what do I need to do
You will not be personally responsible for your mother's debts, if any, merely as a result of acting as her executor.
In order to advise you properly, it is necessary to know whether your mother left a will, whether she is survived by a husband or any other children, and whether the home in Florida was her primary residence.
You definitely need the assistance of an attorney. Please contact one at your soonest opportunity.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
