Legal Question in Wills and Trusts in Florida

Re: no will

The property would pass to his heirs, who would need to contact an attorney to initiate probate. The house would then have to be sold, the lender paid off, and the proceeds distributed to his next of kin under Florida law, along with any other assets he owned at his death.

Re: no will

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Depending on the terms of the reverse mortgage, the property may now belong to the lender. You should meet with an attorney to review the terms of the mortgage agreement to see if there is any equity which still belongs to the estate and, if so, to handle the filing of a probate of his estate. Without a will, the estate would be considered intestate and pass according to Florida law.

Scott R. Jay, Esq.

Re: no will

His estate must be probated, even w/o a will. His lender will want repayment.