Legal Question in Wills and Trusts in Florida
what happens when you private mortgage lender dies and your property is not list
My private mortgage lender died, his estate lists his brother as the PR, but the mortgage or property is not listed in the estate. Now the brother has died, within 6 months of each other. His estate has not been filed yet, the deed still remains in the original lenders name, no quick deed had been filed by the brother before his death either. The deceased brothers wife now states that the mortgage payments must be made out as follows: to the estate of (the original lender), then the deceased brothers name as PR and then to the deceased brothers wife. Since the original lenders estate did not list my property or mortgage to his brother, and now he has died without changing the deed, who now holds the deed, and whom am I supposed to pay?
2 Answers from Attorneys
Re: what happens when you private mortgage lender dies and your property is not
Make your payments to the estate as directed. Keep very accurate records and pay by check not money order. If you have conflicting demands seek and order from the court on who to pay.
Re: what happens when you private mortgage lender dies and your property is not
Send mortgage payments by check payable to the estate of the private lender. Do not make them payable to any private party including the deceased brother's wife. Request order of probate court instructing manner of payment different than above. Keep good records; the probate of the estate should unravel the mess by appointing another PR.
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