Legal Question in Wills and Trusts in Florida

My mother recently passed and left me the only son all of her debt ($5,000 medical bills) and a mortgage she had with a wealthy friend as the mortgagee (loan holder) instead of a traditional bank. Anyway, over the past several years, she was getting money in various forms from this friend (the mortgagee), but I just found out that for one, she has never made a payment on the mortgage so interest has been accruing, and all the money and assistance given by this friend was added to the mortgage. So a $47,000 (appraisers valued) condo now has a mortgage of over $91,000 dollars!. I have never signed anything saying I would assume the mortgage after she died. Never signed any type of promissory note or anything of the type. The only thing saying I have any responsibility for this mortgage is in her last will and testament where I am the executor of the estate and it says I am to settle all of her debts and mortgage responsibilities. I did not sign her will, or any mortgage loan papers ...ever. I don't own any property myself. I live in a house with my wife that she bought prior to our marriage. I drive a 17 year old car and have little else. What, if any is my responsibility here? I cannot afford this in any way. If I walk away from this mortgage entirely can the mortgagee even come after me since I never signed any promissory note? Thanks.

Asked on 2/03/11, 5:26 am

2 Answers from Attorneys

Andrew Jackson, J.D., LL.M. Jackson Law Group, LL.M., P.A.

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Answered on 2/08/11, 3:08 pm

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