Legal Question in Wills and Trusts in Florida
my son passed away at the age of 49 leaving no will.He and his wife have been seperated for 5 years.He was the only one on the title but thy are both on the mortage. Thet have a 19 yr. old daughter.Now what should be done?
3 Answers from Attorneys
You should start the probate process, and see that his assets are collected, his debts are paid, and the remaining assets or exempt property goes to his heirs. Please contact my office if you need assistance with this process.
The estate needs to be probated in the county where he lived. An attorney can help you with this. Regards,
From what you stated, the home passed to his wife (for her life) and daughter (remainder at the death of the wife). They must run it through probate if they wish to clear up the title. The two of them could then sell it, or whatever they mutually agree to. Obviously, someone must keep up the mortgage payments, or it will be foreclosed on.
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