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Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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I have a hypothetical for a potential client - mother died

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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.

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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 6 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.



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Customer: replied 6 years ago.
ONE LAST THING -DO YOU have the statute where I can read about summary of adminsitration in FL ?
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