Legal Question in Wills and Trusts in Florida

Notify Mortgage Company?
My mother died 9 months ago without a will. She had 3 children (one was a minor at the time of death, now all adults). Her only assest is a home ($60,000). Currently, her youngest daughter still lives in the home and pays the mortgage. We were advised to wait 2 years before going through the courts because she had only the home as far as assests go and also we were told that after 2 years any debit of my mother's would go away. The home is still in our mother's name and the mortgage company has not been notified of her death. What is the process for the house being given to my sisters and I? Must we notify the mortgage company of her death or can we go on paying the mortgage and living in the home? Is it possible to avoid going through probate and just transfer the house out of court? Thank you.

Asked on 3/09/05, 11:48 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

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Re: Notify Mortgage Company?

The proper procedure is a court small estate proceeding. A personal representative must be appointed to sign a new deed.

Answered on 3/09/05, 6:03 pm

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Douglas R. Coenson, Esq.

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Re: Notify Mortgage Company?

It will depend on how title is held on the property. If the house is subject to probate and is truly less than $75,000 OR it has been 2 years since your mother's date of death, you can Petition for Summary Administration (an abbreviated form of probate).

Answered on 3/12/05, 8:55 pm

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