Legal Question in Wills and Trusts in Florida
I was gifted 1/3 interest in a house I do not want
Recently, my father passed away from a heart attack. I have two other sisters for which my oldest took over as personal representative. My father did not have a will and the estate was probated. The house my father was living in was split into a 1/3 equal interest by my older sister. I have been very vocal in my wishes to not have my name on the deed on the house, and just recently pulled up through public records to discover that my name is on the deed as 1/3 owner. My older sister sent both myself and my younger sister a document gifting the house to both of us, and relinquishing herself from the house. There is currently a mortgage that is three months past due in payment and all but heading towards the foreclosure stage.I'm very worried that my credit will be affected, all from a house that I did not ask for or want. Will my credit be affected? What are my options?
2 Answers from Attorneys
Re: I was gifted 1/3 interest in a house I do not want
You are not responsible for the mortgage. Have the house sold.
Re: I was gifted 1/3 interest in a house I do not want
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Since you did not sign the mortgage or promissory note, you will have no liability as a result of the foreclosure. Rather than allow it to happen, why not speak with your sisters and try to sell the property if there is any equity in it? You might make some money and avoid any aggravation of the foreclosure action.
Scott R. Jay, Esq.
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