Monroe, NC asked in Probate for Florida

Q: mybsister is tryingbto keep her house. Her live in boyfriend of 14 yrs died in a car accident with no will.

Is there anything she can do? His mom wants to turn the house back to the bank

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

A: I am sorry for the loss in your family. If I understand you correctly, your sister lived with her boyfriend for 14 years, her boyfriend owned a house in his name and passed away without a Will. If these facts are correct, there is not much legal remedy available to your sister. Florida does not recognize common law marriage, so she is not entitled to any of his belongings without designation in a Will. Theoretically, the Mom could inherit the home by filing a probate and then sign a deed over to you, but you would need to obtain your own financing if there is an existing mortgage.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Or you could try to work with the bank, possibly by repaying any delinquency and refinancing the property.

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