Legal Question in Wills and Trusts in Florida
Probate
Our mother passed away 3 years ago the will was never probated now the mortgage company is trying to go after us for the balance of the mortgage. can they go after us even though the house is not in our name?
Asked on 2/11/09, 10:33 am
1 Answer from Attorneys
Thomas Shigo
The Shigo Law Firm, P.A.
Re: Probate
In Florida creditor claims are barred after 2 years. Unless you or other family members were on the mortgage with your mother, probably the only recourse for the mortgage company is to take back the house through foreclosure. The house will be lost but no one should be on the hook for the amount of mortgage that remains unpaid.
Answered on 2/11/09, 12:48 pm
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