Legal Question in Wills and Trusts in Florida
Our mother recently passed away and has a mortage which we are paying at this time how do we go about having the title transferred into the remaing siblings names
is this possible or not ?
3 Answers from Attorneys
Unless the title to your mother's property was in her name as well as yours and your siblings, you will need to probate your mother's estate in order to transfer the title to her heirs. This is a relatively simple process but can take a little bit of time as notice may need to be published in order to allow creditors to file a claim for any monies owed by your mother. If the property was her homestead, it will still pass to her heirs free from any claims of creditors.
Scott R. Jay, Esq.
305-249-8000
The mortgage will be due. You need to refinance.
David, read the question. Keep on paying the mortgage, but you will have to go through probate to pass title. The mortgage company should not take any action so long as the payments are made.
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