Legal Question in Wills and Trusts in Florida

Re: wills, trust and estate

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You will probably be allowed to continue making the payments to the lendor. Most mortgages contain a due on sale or transfer clause. A specific exemption is made when the property transfers due to a legal process i.e. probate. The heirs of the original mortgagor are allowed to take title to the property providing they continue to pay the mortgage.

A probate will need to be filed for the decedent's estate. I would suggest that you review this matter with the attorney for the estate.

Scott R. Jay, Esq.