Legal Question in Wills and Trusts in Florida

Can the Executrix (who is also recipient of the estate) be held liable for mortgage deficiencies, once the estate property completes foreclosure process? The deceased was the only one to sign both mortgage and note. Also, could they come after the Executrix' homestead property? (She filed Chapter 13 in 2007.)


Asked on 7/09/12, 4:21 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

An executor or personal representative is not personally liable for mortgage

deficiencies in such situations; likewise, the homestead property cannot be

taken unless there is some legal relationship binding the executor to the

mortgage or other debt for the property.

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Answered on 7/09/12, 5:11 am


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