How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 5733
Experience:  20 years experience as a civil trial and appellate lawyer
Type Your Legal Question Here...
Maverick is online now
A new question is answered every 9 seconds

I have a hypothetical for a potential client - mother died

This answer was rated:

I have a hypothetical for a potential client - mother died and the daughter now wants to sell her mother's house. There is a will. In the will the daughter is left the house. There is another sibling who is getting personal property. The daughter is on the mortgage but not on the note. Mother on the note. If my partner wants to prepare a deed in lieu of foreclosure - do we need to open an estate ? can this be done through summary administration ? Assets less than $75K.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


The daughter is on the mortgage but not on the note. Mother on the note.


Just need a clarification for the above statement: Are the following correct?:


1. mother is the only one on the note?

2. daughter and mother are both on the mortgage?

3. daughter and mother are both on the title to the house?


Who is the executor of the Will?


Is the equity in the home less than 75k?




Customer: replied 5 years ago.

1. The mother is the only one on the note.

2. The mother and daughter are on the mortgage

3. The mother and daughter are on the title.

4. The daughter is the executor.

5. Equity is under $75K.

Yes, this can be process under a summary administration under FLA law. Since the mother is on the title and mother's 50% interest in the home passes to daughter under the will, it has to be administered. But the daughter is the executor so it should be fairly easy to do. Once daughter is on record by court order as owning 100%, she can do a DIL to the lender.



If you need more clarification or follow up information, please feel free to write back as there is no extra charge. Otherwise, please click on the ACCEPT button. Even if you have put in your payment information, I receive no credit for my time unless you press "ACCEPT".

Sometimes the law does not give you the outcome that you may have anticipated. Please understand that this is not the attorney's fault. We are assuming that you are paying for an honest and professional opinion.

Please know that there may be a delay between your follow up question and my answers because I may be helping other customers. Rest assured, I will get back to you. In the meantime, you can learn more about me by clicking on my name at the bottom left hand corner of the screen.

This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at or


If you feel that I went an extra step to help, a bonus would be greatly appreciated! Also, please know that you can always request me for a future question by starting your new question with "This question is for Maverick".


Customer: replied 5 years ago.
ONE LAST THING -DO YOU have the statute where I can read about summary of adminsitration in FL ?
Maverick and 3 other Legal Specialists are ready to help you