Legal Question in Wills and Trusts in Florida
Real Estate
My dad passed away in June intestate with an estranged spouse, 1 minor child (lives with spouse) and 3 adult children. His wife has not persued probate yet & the adult kids don't have the money for legal counsel. My house is titled dad's name only. He bought the house for me & my kids. I can prove I've made all the mortgage note payments directly to lender since day one. Should I notify the lender? can I take over the loan?
1 Answer from Attorneys
Re: Real Estate
The lender will happily take money from whomever sends it.
If you dad was married when he died and died without a will, his wife is entitled to a life estate in the house (the right to possess it till she dies), plus the first $60,000 of the estate and then a percentage of everything thereafter.
You should try to get with her and work something out. If the house is worth anything, you really should see a lawyer.