Legal Question in Wills and Trusts in Florida

I have been named in a lawsuit in regards to my fathers reverse mortgage debt. I have not seen my father since September of 1989. He has denied me and our family since then. I found out the he passed away the middle of 2013. My brother was served with papers for this suit on collecting from the reverse mortgage. I was named according to my brother and the clerk of courts but I have not been officially served physical papers. How do I get my named removed from this potential suit? I can not afford an attorney but I don't want to be held responsible for my estranged father's financial doings. Can I file a motion to move to the opposing counsel by myself or do I need an attorney to officially send. All of the names In The suit are all of the people named in his will.


Asked on 1/04/14, 8:02 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Read the papers to see what they are seeking from you. I doubt it is $.

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Answered on 1/04/14, 8:09 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You are likely joined in the papers because of your potential interest in the property as a surviving child. Contact an attorney with the paperwork so you can assure yourself of that. You can waive your interest in the property and that will end your involvement. You cannot remove your name but you can get yourself dismissed out if you want no interest. Are you named in the will? You are named then as a beneficiary. You should explore that with an attorney. You may have a valuable asset from which you can pay an attorney.

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Answered on 1/04/14, 3:15 pm


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