Legal Question in Wills and Trusts in Florida

Hello,

My husband passed away about 4 years ago. We purchased a house 10 years ago. The property was under both our names but the loan was only under my husbands name. I am trying to put the mortgage loan on my name but they are telling me that besides the death certificate and the deed that proves that the property is on my name they need an executorship letter. The deed is already on my name. I am the solely owner of the house and the only person who has an interest on it. My husband had two children who do not live in the state of florida, are not minors, and are not interested on the house. He and I also have a son that is not either a minor neither is interested on the house. My husband did not leave a will.

Do I need an attorney to get the executorship letter? if not, What is the process I have to follow in order to get one?

Thank you for your time.


Asked on 11/21/12, 4:08 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Yes. Your husband's estate must go through the probate process. Probate requires an attorney in Florida

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Answered on 11/21/12, 4:14 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Why are you concerned about changing the name o nthe mortgage? Is it for credit purposes? If not, you can just pay the loan and eventually get a satisfaction when it is paid off. If you owned by entireties or survivorship, you already own the house itself. Seek legal help from a real estate attorey. Mr. Slater is correct about the probate process, but I wonder whether you need it.

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Answered on 11/22/12, 8:07 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Barry Stein. Why worry, as long as you make the payments should not be a problem for you.

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Answered on 11/26/12, 11:21 am


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