Bradenton, FL asked in Estate Planning and Probate for Florida

Q: Can parents will/give a house to adult child when there is still a mortgage?

Can the mortgage and all paperwork be left as is until both parents are deceased? At that point, can the mortgage be paid off and everything changed over as long as it is amended to the will to do so?

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

A: Generally, yes, while I would encourage you to speak directly with a Florida Estate Planning Attorney, the property can be left to children and the children in many instances are able to assume the mortgage, this is particularly so if it is the Homestead property of the parents. Remember, a Will has to go through probate, so a discussion about a Trust and or maybe an Enhanced Life Estate Deed (Ladybird Deed) would also be useful conversation with an estate planning attorney as well.

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