Legal Question in Wills and Trusts in Florida

Hello, I have a question concerning a probate case. My father has passed and in his will he "discharged" (forgiven) my brothers mortgage. My question is the estate has no other assets other than some personal property to pay claims ( Attorney, curator,funeral etc...), is there any case law determining if the mortgage is an asset (receivable)? I had a hearing today and the judge ruled that my father's "intent" was to forgive my brothers mortgage. I have already spent big $ out of my pocket defending the estate and funeral expenses. Is there a way for the estate to collect the mortgage payments?

Thank you


Asked on 2/04/10, 4:55 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

No.

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Answered on 2/13/10, 9:39 am


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