Legal Question in Wills and Trusts in Florida

There are a few issues in your equestion. First if you were designated as the beneficiary to recieve your Mother's home, and it had a mortgage on it, you would not necessarily have the right to assume her mortgage. In most cases, you are required to pay off the mortgage, either by 1) selling the property or 2) obtaining a new loan in your name that pays off her loan. This is because your Mother's income was the basis for the old loan and unless you were on the mortgage or the note, you would have to apply under your own credit to recieve the mortgage. The mortgage company will most likely not talk to anyone, except 1) the Court Ordered Personal Represenative, (or the executor of her estate), or 2) the person that was designated and approved in the Letter of Administration, as the beneficiary of the real property, so, yes you will probably have to supple that document. I would suggest that you see out the assistance of an attorney to get your real property issues resolved. When someone inherits a home, they inherit it contingent to the debt against it. Good Luck.

Assuming the house was just in your mother's name, it will be necessary to get a court order to transfer it into your name. Wills do not avoid probate, they speak in probate, directing the court on what is to happen. So the court has to issue an order to resolve the ownership.

As to the mortgage, you are not required to assume the mortgage, nor pay it off. You may continue to pay on the mortgage until paid off. I would not recommend you to assume it since you are not presently liable, and you are not required to become liable on it.

You may have to provide the Letters to the bank so they will converse with you on the matter and be able to take the tax deduction on interest paid. But be careful on anything you sign so you don't assume the liability.

Any time property is involved, you must probate the estate and yes, a lawyer must do it. It can not be done pro se. I suggest you follow Mr. Kaplan's advice. It is not necessary to assume the mortgage since you would then become liable for it. You can continue to make the payments as they are. Refinancing is expensive - it would entail new rate not to mention all the other added fees, ie credit report, appraisal, bank charges etc. The court will give you the property and give you the homestead exemption. If you need assistance, please contact my office for an appointment.

The other answers are basically correct. You will have to go through either a summary probate or a full probate, depending on whether there are assets other than the home in her name alone, and whether she had other creditors who are not paid. Hopefully you will be able to use the summary probate process as it is less expensive and easier.