Legal Question in Wills and Trusts in Louisiana
Louisiana/Florida inheritance? question: Husband and wife move to Florida. Jointly sell family home in Louisiana and hold the mortgage on it. Husband dies in Florida. No probate necessary in FL because will is valid and all jointly owned. Purchaser of Louisiana property can no longer pay mortgage. They quit claim property back to surviving wife. Wife wants to cancel the mortgage. Because husband and wife jointly held mortgage why can't Louisiana uphold Florida law and grant possession to wife under the validity of the will so she can cancel the mortgage and reclaim possession of the property?
1 Answer from Attorneys
The only way wife can cancel the mortgage is to pay it off. The mortgage acts as a lien on the house.
If husband's will leaves the house to wife, she can be recognized as the owner through a probate process, but the mortgage is still owed.
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