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Is It Possible to Will a House with an Existing Mortgage?

Yes, in the State of Florida, a house may be given to a named beneficiary by will, even if there is a mortgage. Unless otherwise directed in the will, the mortgage will not be satisfied from funds in the estate (i.e. paid off).

Whether the remaining mortgage will become immediately due and payable upon notice to the lender of the transfer depends on a variety of factors, many of which are discussed in this article.

Speak with an experienced attorney to learn more about the effects of inherited property with one or more mortgages.

  • Published: Jan 31, 2023
  • Updated: Dec 25, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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