Legal Question in Wills and Trusts in Florida

My Mother Passed away in 2006 in Florida - My Sister her boyfriend and her child were living with our Mother at the time for about 1 year prior- rent Free. My Mother also had her boyfriend living with her. My Mother's Boyfriend paid more than is share of the mortgage and other bills. My Sister's Boyfriend has not worked steadly in over 6 years. My Sister has not worked in over 3. My Moms boyfriend has paid the mortgage all this although he had an illness that caused him to become disabled. Unfortunately his income has been greatly reduced and he is unable to pay the mortgage. Because My Mom died without a will - and because it is FLorida the House is equally in the name of my sister and I, although my sister has enjoyed all the benefits of living rent free - now that she cant pay the mortgage this will affect me and my credit as there is a potential for the house to go into foreclosure- THere is actually equity in the house- we could sell it or Rent - however my sister has no where to live - so this would put her in the street. I dont want to do that to my 6 year old niece. I also do not want my credit to be affected by my sisters poor judgement and total lack of responsiblity. What are my options Legally and my Rights? Note I cant afford to pay this mortgage for her. Thank you.


Asked on 1/25/11, 10:18 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Your credit will not be effected,since your are not on the mortgage. Your remedy is an action in partition. Either they buy you out, you buy them out or the house gets sold. Good luck.

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Answered on 1/29/11, 5:11 am


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