Legal Question in Wills and Trusts in Florida

mother dies with mortgage outstanding. can the 4 siblings just agree that one sibling inhabits the house and take responsiblity for the mrtage? how does the title get transferred to the sibling?


Asked on 12/10/09, 1:41 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It may be possible to get the mortgage holder to allow the one person to take over the payments. You will need to discuss with them. However, they probably won't do anything until the house is retitled. Unfortunately, unless the property is jointly held with the mother and all siblings, the property will have to be probated.

Craig Epifanio

www.helpgoodpeople.com

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Answered on 12/15/09, 1:57 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You need to go through probate. The mortgage will need to be rewriotten or the debt paid by the sale of the house.

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Answered on 12/15/09, 3:33 pm


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