Legal Question in Wills and Trusts in Florida

Just send them a copy of the death certificate and let them know if you will be responsible for the mortgage. The only way to really remove him would be to refinance the loan. He will stay on the note and mortgage until you pay the property off. Is your name on the deed? Although Florida states that you can not disinherit your wife, it would be a good idea to do a Summary Administration with Homestead rights and have a personal representative deed issued to you.

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I will not simply assume that your husband was the sole debtor under the mortgage, since you may also mean that your husband held an interest as the mortgagee, and you now want to know how you can get the ownership interest over his sole right as creditor.

If you are seeking to get your husband's proprietary, ownership interest as the creditor, then you will have to seek at least a Summary Administration through the Probate Clerk's office of the county of your husband's last residence, with the current law F.S. 732. 102 granting you the first $60,000 then 50% of the balance of his estate, or a right to 30% elective share in his estate, this assumes there is no Nuptial contract between you and him; further if he had any children that are not your children, then you would not get the first $60,000 but only 50% of his estate + either 50% of the homestead, or a life estate in his home if it were only in his sole name.

If you want to continue paying the mortage payments, then under the U.S. Code at 12USCS 1701 j-3 (d) (5) & (6) the bank should not be able to force you out or foreclose unless the payments or terms of the mortgage are delayed and breached; should you receive the realty as part of the Probate proceeding (which would be required) then you would not be entitled to have the payments made from the rest or the decedent's estate because there is no Will directing that the payments be made from the estate assets. If the Bank doesn't cooperate then contact an estate lawyer should they put pressure on you.

Hope this is helpful.