Lake Wales, FL asked in Real Estate Law for Florida

Q: My mom died on June 17 I’m staying in her house. I have been paying the mortgage on time her husband was alive he passe

her husband was alive

he passed away 2 days ago. now have my mother's will leaving me everything. I and her husband got along so he continued to stay but I was paying the mortgage. ok, now that he has passed I hear talk of his kids wanting my mother's house she is not their mom. what can I do? thanks want to keep the house and finish the payments.

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2 Lawyer Answers
Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

A: It is not a real estate question. You need to hire a probate attorney specializing in litigation. Good luck.

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: I am sorry for your loss, please accept my condolences. You have a few issues going on here and they will likely have to be addressed one at a time. You will want to get a copy of the property deed and have it reviewed based on how title to the property was held. If the property was homestead, then likely additional issues apply. It will likely require a probate of your mom's estate and then potentially a probate of her husband's estate. This is an issue you do need to review with a Florida Probate Attorney. While much needs to be reviewed, you may own 50% of the property along with the children of the husband, or other ownership interests and percentages may apply. You may also be able to be reimbursed for the mortgage payments you have made, but much would need to be reviewed and addressed here.

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