Roanoke, VA asked in Estate Planning for Florida

Q: If my dad and I are both on a mortgage what happens if he passes away?

Can the mortgage just go to me or will it have to involve his estate. I don’t want it to as I don’t want my brother to be involved with the mortgage.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: It depends, what does the deed exactly say, what does your dad's will say, is the property homestead, is it in Florida the property, is there a surviving spouse? You will want start by getting a copy of the deed and review it and precisely what it says. It is also probably helpful if you dad is very clear in his Will/Estate Planning what he wants to do with any assets that he has with respect to who it should and will go to eventually. It is quite possibly that you are absolutely fine with the deed in the manner in which it is currently drafted.

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