Waterville, ME asked in Estate Planning, Family Law and Real Estate Law for Florida

Q: Can I retake possession of my deceased father's home?

My father passed away, leaving behind a home with a mortgage. He was survived by his wife, who was (likely) named executor of his will. However, she did not file the will with the court (which I believe is a requirement in the state of Florida). She allowed the house to go into foreclosure, as opposed to paying the mortgage payments, and the house is schedule for auction in the next few weeks. I found this out by searching the public records. My question is, can I, as an immediate family member, somehow obtain the home (take over the mortgage, etc)? Is it too late? Is there any way I can get priority in the auction? Or, is my only recourse to purchase the home as any other person might be able to do?

1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: Go see a local attorney for a full discussion about this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.