Legal Question in Wills and Trusts in Florida

need to speak with lawyer concerning my mothers home, which was left to all of the brothers,6 total.One brother convinced her to take out a loan, which now he has failed to pay properly on time,and now home is in jeopardy. she left no will no sole owner. must get a new binding deed drwned up for all six brothers and to have you to contact bank on settling this debt. please someone contact me at 813-400-9764 / 813-928-6737 anytime marvin S Lindsey


Asked on 6/05/12, 8:59 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

since your mother owned property and left no will, you must probate her estate. One of you will have to be the personal representative. Secondly, the bank will have a lien on the property - who benefited from it:? If he (the brother did), then he needs to continue to make the payments or you all need to pay it and have him deed his portion/share over to the rest of you who are paying for his debt. He can not have his cake and eat it too.

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Answered on 6/06/12, 4:57 am
David Slater David P. Slater, Esq.

Her estate must go to probate and a personal representative appointed by the court to carry out all administrative functions. A new deed must be filed.

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Answered on 6/06/12, 6:18 am


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