Orlando, FL asked in Probate for Florida

Q: Can I live in my father's house?, he passed and he has a mortgage, can I just continue to make the payments?

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2 Lawyer Answers
John Richert
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John Richert
Answered
  • Probate Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: Is there a will? Are you the only person to receive the house from your fathers wishes? If not, then you may not be able to live there if the house is to be transferred to someone else. You need to talk to a probate attorney right away. If the house is probated, typically banks will typically give you some time to get the mortgage modified.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: You "can" but just know that the mortgage can call the mortgage due, you will not be covered by insurance and you will not be able to refinance, mortgage or sell the home until you file a probate to get title in your name. Best of Luck! Jennifer

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