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Questions Answered by Wendy A. Mara
1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: My sister’s son and I want to purchase a home for my sister. We found a cash deal in a nice manufactured home community.

My nephew and I were going to solely be on the deed but the community wants her name on it as well. How can we avoid being liable for any potential creditors she may incur in the event of her passing (medical bills, credit cards etc) while adding her name to the deed in Fort Myers FL.

Wendy A. Mara
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Wendy A. Mara
answered on Feb 3, 2022

A manufactured home has a title similar to a vehicle title. If you put your name and your nephew's name on the title, that does not make either of you responsible for creditors of your sister. However, with your names on the title, the community will most likely find you liable for the rent... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: I loaned my mother $43,000 at 7% interest 21 years ago secured by a promissory note.

I loaned my mother $43,000 at 7% interest 21 years ago. It was secured by a promissory note and upon her death I would receive payment. Upon her death in October 2021 I was informed that the house she owned could not be used to satisfy her debt to me as we had planned because of the homestead... Read more »

Wendy A. Mara
PREMIUM
Wendy A. Mara
answered on Feb 3, 2022

Florida Homestead provisions protect the homestead from creditors except for mortgages, mechanics liens for work done to the homestead, and taxes. Your siblings are not required to pay off the note. If you don't agree to the sale of the homestead, the other owners can force sale of the... Read more »

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