Lake Wales, FL asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida

Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

2 Lawyer Answers
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Real Estate Law Lawyer
  • Naples, FL
  • Licensed in Florida

A: You must get a probate attorney and probate the will.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss and the passing of your mom, please accept my condolences. You will want and need to get hold of a Florida Probate Attorney, it will be important to get a copy of the property deed as well as a copy of the Will to the attorney to review it. The original Will you need to take to the clerk of the court in the county where your mom resided as her domicile and where the house is. There are a lot of things going on here, but you will end having to deal with the husband if there is no prenuptial or postnuptial marriage agreement that was signed. A surviving spouse has substantial rights as it relates to the homestead property as well as the estate of your mom, so while the Will may say one thing, the surviving spouse/husband does have rights and will be entitled to various things and therefore you should know you will have to deal with him. You should also gather all the documents related to mortgage payments, hoa, taxes, or otherwise that you have paid as they can possibly be reimbursed as part of the probate. You really need to start with a probate attorney and since you are all under 1 roof find a way to amicably get along and get organized related to the estate. Generally, a surviving spouse is entitled to 50% of the home when sold or a life estate to live in the home minimally for their life, as you can see this is not what you were or had anticipated. Remember, there is a lot of guessing her with limited information and details, but this is generally how some things work and are applied.

Pamela Marie Mori Holcombe agrees with this answer

1 user found this answer helpful

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