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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My father bought a home in Florida in 2000, In 2002 he remarried,

Customer Question

My father bought a home in Florida in 2000, In 2002 he remarried, In March 2004 he past away. His second wife has been living in the home he bought in 2000. This past week I was served with a summons "Personal Service on natural Person". It says that his wife has not paid the mortgage and that she, myself and my to sisters are responsable fro the mortgage.
As for as I know he did not have a will my tw sisters and myself thought that her name was on the house but it appears that is not teh case.
Niether myself or my sisters are interested in the home or property.
It says to respond in writing to the clerk of the court in 20 days but I am not sure what they are asking.
Any idea one why I am listed as a "the present record title owner of said property and/is are in possesion of same."
The person on the loan is my fathers and only his wife has ever had possession and been living there.

Thank you
Don Hager
Submitted: 6 years ago.
Category: Legal
Expert:  TexLaw replied 6 years ago.

From the information you have provided, I can see that your father passed away with a Will. As that is the case, the house became an asset of his estate, which passes to the inheritors under Florida's intestancy laws.

In your father's circumstances, the house is classified as "separate property" because it was purchased prior to your father's marriage to his last wife. Thus, when it passed away, you and your siblings are entitled to the inherit the house, but your father's wife is entitled to a 1/3 life estate. A 1/3 life estate means that she has the right to live in the house for the rest of her life or she has a financial interest in 1/3 of the value of the house reduced proportionally by her remaining life expectancy.

Further, you are responsible for payment of the mortgage after you take possession of the house. However, you are not bound by terms of the mortgage in connection with your credit.

So, in short, you are a necessary person to the lawsuit to foreclose on the mortgage for the lender to take the house because you are a record owner under the laws of intestancy of Florida. If you want to keep the house, then you and your siblings will need to pay the mortgage. If you choose not to pay the mortgage, the lender will get the house back and evict your father's wife. Then they will sale the house. If the house sales for more than was owed on the mortgage, then the extra proceeds will be divided between you and your siblings and your father's wife.

Please let me know if this answers your question.

Best Regards,
Zachary D. Norris
Customer: replied 6 years ago.
You write that he pasted away with a will, but as I stated he did Not have a will. was this just a miss type?
Expert:  TexLaw replied 6 years ago.
I'm sorry...yes that was a type...I meant to say without a Will.

The substance of the answer is still correct though. Thanks for pointing that out.

Is there any other information I can give you?
TexLaw and 6 other Legal Specialists are ready to help you
Customer: replied 6 years ago.

Thank you,

Don Hager

Expert:  TexLaw replied 6 years ago.
You are welcome. Please let me know if there is anything else that you need.