Legal Question in Wills and Trusts in Florida

State of Florida, my husband died (in debt with credit cards) and the house has a double mortgage which is in his name only, am I responsible for any of the debt (including the mortgage)? My name is on the deed but not the mortgage.

Also, being that there is a double mortgage and credit card debts? Do I have to do probate? There are no assets, only a mortgage that is behind. I can't sell the house to pay it as the mortgage is more than the value of the house. I am having a hard enough time paying my bills.

Thanks!


Asked on 9/13/10, 6:50 pm

1 Answer from Attorneys
Richard Kaplan

You probably are not liable on the mortgage if it is a FannieMae Mortgage. Some forms, like RAMCO, you can be.

If you are not liable on the mortgage, and you have not co-signed any of the debt, you are not responsible for his. Ultimately you will have to leave the house, but that could take some time to foreclose.

If you have no assets that are solely in his name, probate is not necessary, but the lender will have to do something to join in beneficiaries of his estate to foreclose the mortgage. So you will be probably named just to foreclose out your marital interest.

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Answered on 9/18/10, 7:52 pm


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