Legal Question in Wills and Trusts in Florida
Mortgage of Deceased Relative
My father passed away last year
w/$8000 in a brokerage account
that was TOD (Transfer On Death)
to my sisters. His only assets were
household goods and a 6 year old
car. He owed $106,000 on his
house that is worth about $92,000.
He had an additional $20,000 of
consumer and medical debt. He left
no will and because there were no
assets no estate was formed. I
sent letters to all my Father's
creditors, notifying them of his
death, lack of assets, no will and no
estate. Today I received a
summons from his mortgage
company seeking the amount due
on his mortgage. Can I be held
legally responsible for his debt?
The only benefit I received after his
death was 1/3 of his last Social
Security check, a used laptop and a
lamp. All other household goods
(including car) were left at his
house.
1 Answer from Attorneys
Re: Mortgage of Deceased Relative
If you didn't sign or guarantee the note, you are not liable. You are on the summons because you have an interest in the house. If the house is worth less than the debt, I wouldn't worry about it. They are just trying to get the house because it was security for the house. Sounds like they are entitled to it.
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