Legal Question in Wills and Trusts in Florida
Wills-probate,mortgage & foreclosure
My father-in-law whom I'll call Jack had been running from N.Y.Child Sport for 10+ years put everything he owned in mom's name so his Ex wouldn't get anything. Prior to her death, mom wrote a will leaving everything to him but 2 days before she died he re-wrote it & assisted her with signing while she was doped up with morphine! This one left everything to his step-son (her son) whom I'll call John. Mom died in 1/97. Jack paid John $10,000 to transfer her assets to his brother, now personal representative. He then sold their home(paid-off)estimated @ $175,00 & their business estimated @ 150,000. Unfortunately, my mortgage was included in the transfer. Mom loaned us the $ when it was bought in 8/95. We signed a mortgage note to pay her only, as mortgagor. In '98 Jack disappeared?!! On 10-21-02, his brother sent us a letter demanding mortgage or he'd foreclose so I sent a partial payment. Since I never received a copy of the change of mortgage holders, Can I be held for non-payment? Just who does the mortgage belong to?
Jack was given power of attorney on 12/13/02. Is there a Statute of Limitations to challenge the will knowing how it was signed?
3 Answers from Attorneys
Re: Wills-probate,mortgage & foreclosure
Since the will has been admitted to probate it is now too late to contest it. It would appear you are a creditor of your mothers estate. The personal representative can enforce the debt.
Re: Wills-probate,mortgage & foreclosure
There is an issue of "undue influence" when a beneficiary of a will drafts the will himself and the will is executed the way this one was. In general, a will may be contested up to 3 months after formal notice of administration, or anytime prior to discharge of the personal representative if no formal notice has been served.
As for your mortgage, you should continue making payments, to be safe. However, there may be a cause of action depending on whether the note was negotiable, what kind of notice you received about the note changing hands, fraud, etc. You should consult a real estate litigation attorney on this complicated issue. Good luck.
Re: Wills-probate,mortgage & foreclosure
You have raised many legal issues which cannot be adequately addressed in a paragraph or two response. I strongly suggest that you meet with a qualified attorney to review your personal fact pattern and documents in order to obtain an opinion and advice as to any available options.
This is a serious legal matter and should not be taken lightly.
Scott R. Jay, Esq. 305-249-8000
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