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Asked in Real Estate Law for Florida

Q: My girl friend passed away with no will and our house only had her name on the loan what can i do

Her family want nothing to do with the house im still making the payment as usual the bank has no idea she passed away we bought the place 11 yrs ago and because she had good credit and i didnt we only used her name for the purchase i do have paper work that i paid payments and the bank has also put judgements on me because of the property but i dont know if any of that matters any ways. Id really like to continue paying for the place as usual . The payment includes the insurance and every thing else . But she handle all the paper work with insurance and every thing else that had to do with the house ,what i dont know is what can pop up in the future that can derail every thing and is it leagle for me to do what im doing by making the payment as usual

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1 Lawyer Answer
Jennifer Isaksen
Jennifer Isaksen
  • Bushnell, FL
  • Licensed in Florida

A: First, I am sorry for your loss. If your girlfriend's family is cooperative, you could file a probate, where the property would go to them (her children, if she had any, her parents, if living, otherwise her siblings), then they could deed the property to you. If not, you will need to explore other avenues that may be available because you are the party that has made all of the payments. Your best bet would be to schedule a consultation with a real estate attorney to discuss your options.

You can continue to make payments, but if the lender finds out that your girlfriend has passed, they could call the loan due and foreclose, so it will be best to take care of things legally before you continue putting money into the house.

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