Legal Question in Wills and Trusts in Florida

A few years ago, I agreed to help my granddaughter and her husband buy their first house. I thought I was co-signing, but I later found out that my name and my granddaughter's name is on the loan==not her husband because he didn't have good credit. The husband works and pays the mortgage and has never been late with a payment.

MY QUESTION--I am 72 yrs old and re-doing my will. My house is paid for and I want to leave it to my son. Will that be possible, or will my house have to go toward payment of my Granddaughter's house since my name is on the loan? Thank you.


Asked on 8/04/15, 7:07 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You and thus your estate would be responsible to pay the mortgage should your granddaughter fail to pay. If the mortgage is in default at the time of the probate of your estate they could make a claim against your estate assets as your creditor. This does not prevent you from making him your will beneficiary and is not likely to occur.

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Answered on 8/04/15, 7:52 pm
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you go ahead and do a Lady Bird Deed . This is a deed that you as Grantor give to your son as Beneficiary. He does not own the property until you pass. It will go directly to him and not into probate and no liens will be placed on it.

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Answered on 8/05/15, 9:48 am


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