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My mom died leaving me her house in the will. She past away

 
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  • Answered by:JudgeLaw
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Customer Question

My mom died leaving me her house in the will. She past away prior to making the first payment, but I have been paying on it for over a year.
What do I need to do to put the house in my name? the loan/bank official knows what happened. I sent in her death certificate, and have heard nothing from the bank, other than a over payment of $600+ which I sent back stating mom had past; signing the check would be fraud or forgery being that she past and my POA ended with her passing , I believe

 

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State/Country relating to question: Florida

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Submitted: 424 days and 14 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED

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Expert:  JudgeLaw replied 424 days and 14 hours ago.

You would need to file a petition in the probate court to open an estate and an estate account. It is possible that the mortgage would be treated as an estate obligation. Otherwise, you would need the consent of the lender to have the mortgage and note assigned to you after the probate process transfers title to you.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 97.4 %
Accepts: 2246
Answered: 3/6/2012

Experience: Over 25 years of practice.

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Customer replied 422 days and 22 hours ago.

What would be the cost of probate court, I'm on disability.

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Expert:  JudgeLaw replied 422 days and 21 hours ago.

The attorney fees in Florida probate estates are set by statute to be based upon the value of the estate. See the following link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.6171.html

 
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