Q: My sister died not leaving a will. She had a mortgage on her home. And a car. Is there a. LEgal way for me to follow her
Wishes and assume the morgages
A: If you continue to make the payments until the mortgage is paid off, the property would still be in the name of your sister. You would have to file a probate petition to have it put in your name. But under the intestacy statutes, you might not be the only heir. So see an attorney about this.
A: There is nothing that says you can't make the payments. Whether you are entitled to the property is another issue. You should consult with a probate attorney to determine who the property belongs to.
A: A Florida Probate is going to have to be commenced. When a person passes away without a Will, then they are deemed to be intestate (without a Will) and the Florida Intestate Statutes will apply to her assets and estate. Generally speaking, if a person dies without a Will, then their spouse and or children usually have rights to the estate, if there are none, then the parents, if no parents, then siblings. If none of the above are alive and you are the only sibling, then you should look to open a probate, only once the probate takes place can you properly determine all the proper beneficiaries of your sister's estate/assets. If the property was your sister's only property and it was her homestead, additional special protections would be applicable as well. A good starting point would be to get a copy of the property deed, car title and speak with a Probate Attorney.
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