Legal Question in Wills and Trusts in Florida
Question: mother dies, leaving generic will stating she leaves her personal property to her daughters. Mother's home has two mtgs and to take ownership only to sell would mean at best to break even---so daughters would like to walk away from the home-to not accept it. We have been given advice that since there really were no assets, this estate does not need to go through probate. If daughters contact mtg lender (banks) and advise mother has passed, provide a copy of her death certificate, would there be any legal ramifications from mtg lender to daughters? Neither daughter is on mtg or note. There were very minimal liquid assets in bank acct that daughters were also on but no other assets. Daughters have sent a copy of the will and death cert to the probate court in Pinellas County, Florida.
1 Answer from Attorneys
If there are no assets which need to go through probate to clear them, then none needs to be filed. You, as daughters, have no responsibility to the banks for the mortgages unless you signed on them. "really were no assets" is concerning as this does not indicate NO assets. If there are assets and you ever need to clear title on them, then a probate would need to be filed. The banks, if they pursue a foreclosure, will likely need to serve all of the daughters as the heirs who had a potential interest in the property. You may want to see i fyou can work out some deed in lieu of foreclosure so you dont get bothered by and are not included in any foreclosure action. By the way, if your mother lived at the property at her death, then the asset actually passes outside of probate, but you have to file and publish and then seek a determination of homestead. Best to discuss these issues with all your paperwork with a competent probate attorney
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