Legal Question in Wills and Trusts in Florida

My grandmother recently passed away in FL and had no will. My husband and I lived with her and I was her caregiver. Her home is mortgaged. I am on the deed, but not the mortgage. We still reside in the home. The mortgage company is starting forclosure proceedings. What are, or do I have any legal rights. The home is currently not worth the balance owed.

Asked on 3/20/13, 12:07 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If you are the only relative, then by intestate succession you would get the property, BUT you will have to pay the mortgage to get it. You say your are "on the deed" but you dont indicate if that is by survivorship or as tenants in common. It matters as you may already own the property if surivorship applies and an Estate would not be needed to clear title. If it is upside down as you indicate, then unless they agree to a short sale or a deed in lieu there is not much to do other than stay there until you are told to leave/

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Answered on 3/20/13, 12:54 pm
Lucreita Becude Lucreita D. Becude, P.A.

YOu can find a foreclosure attorney and try and negotiate the balance due. Believe me, they want money not the house.

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Answered on 3/21/13, 5:47 am

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