Legal Question in Wills and Trusts in Florida

Real Estate

My dad passed away in June intestate with an estranged spouse, 1 minor child (lives with spouse) and 3 adult children. His wife has not persued probate yet & the adult kids don't have the money for legal counsel. My house is titled dad's name only. He bought the house for me & my kids. I can prove I've made all the mortgage note payments directly to lender since day one. Should I notify the lender? can I take over the loan?


Asked on 8/15/08, 10:28 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Real Estate

The lender will happily take money from whomever sends it.

If you dad was married when he died and died without a will, his wife is entitled to a life estate in the house (the right to possess it till she dies), plus the first $60,000 of the estate and then a percentage of everything thereafter.

You should try to get with her and work something out. If the house is worth anything, you really should see a lawyer.

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Answered on 8/15/08, 11:04 am


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