FL Deceased family member with no will, Now have title issues

by Melissa
(Orlando, FL)


My father passed away two years ago and did not have a will nor any assets to file probate for. He did have two properties with Mortgages that were in his name that are now being foreclosed on and they have summon us as heirs stating that we are automatically on the title when he passed. We don't want these properties nor did we agree to be put on the title how do we fix it so we are no longer on the title or responsible. I am not sure what we are responsible for as we were never on the mortgages of either property.

Comments for FL Deceased family member with no will, Now have title issues

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Jan 30, 2014
Minument of Title is not enough.
by: Vira

Reply from DebtCollectionAnswers.com:

When someone dies without a will, the law of his or her state -- the intestacy law -- determines how that person's assets must be divided up. Therefore, you need to meet with a Texas probate law attorney who can help you understand how the Texas law applies to the situation you describe and to get advice about what must be done to sort out your problems.

My father n law died in 1968. He was married to my mother n law and they had 6 children together. She left the home to 2 of her children in Will. They tried to sell the home & were informed that since their dad didn't leave a Will that 1/2 the property that belonged to her late husband has to be shared between the other kids. Is this true? We are in Texas.
They found a Minument of Title along with the Will she left & that didn't help the 2 kids sell the property. What can be done at this point.
The Heirship Affidavit is not possible because the other kids will want part of the sale of the home & they never paid taxes on it. HELP!

Dec 09, 2012
FL Deceased family member with no will, Now have title issues
by: Debtcollectionanswers.com


You need to consult with a Florida attorney; I am not one. I am not sure which kind of attorney you should meet with, but I would start with a foreclosure law attorney who can help you figure out how to deal with the foreclosures. You may also need to talk with a probate law attorney, meet with the foreclosure attorney first. The next couple paragraphs explain why.

Since your father died without a will, the assets he owned -- like the two properties you are writing about -- were transferred to his legal heirs (you and whomever else)in accordance with Florida's intestatcy law, and the liens on each asset transferred too. In other words, when you inherited the real estate, you also inherited responsibility for the unpaid mortgage on it too.

I assume the property you inherited is in foreclosure because you have not been paying the mortgage. This is not a good thing because that fact has probably been reported to the credit bureaus and has damaged your credit history. The fact that the property is now in foreclosure has done even more damage.

So, your first course of action is to get help figuring out best to deal with the foreclosure; what you end up doing will also affect what you can and can't do with the properties. You should also know that if the foreclosure moves forward and the bank your property, it will be sold. If the proceeds from the sale of the property is not enough to pay off the outstanding mortgage associated with it and to reimburse the bank for its foreclosure costs, you will be responsible for paying the difference. And, if the amount of that difference, or deficiency, is significant, the bank may sue you the money if you do not pay it.

Hope this information has been helpful.

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