Legal Question in Wills and Trusts in Florida

Once the estate goes to probate, it would be responsible to pay the debt. However, the lender may not chose to wait.

If the estate has the funds, possibly. What does the Will state. Sometimes the Last Will states NOT to be paid from the estate assets. Also with the life partner having only their name on the deed, you have nothing but a claim against the estate for any amounts that you contributed and can prove.

The mortgage has the property as security. if the life partner wants to keep the property than the mortgage has to be paid. Since the decedent was the signator on the mortgage, his/her assets would be subject to pay this debt. More facts are needed to determine if the Estate alone will pay the debt or not. either way it has to be paid for the life partner to remain with the property and avoid foreclosure.