Questions asked by the public about Florida law.
A Florida house can pass to heirs with its mortgage, liens, and other encumbrances intact. If you are exempt from the due-on-sale clause you may take over the payments; if not, you may be able to assume the mortgage.
If you are the executor of an estate in Florida, you may wonder if you need to hire a probate attorney. The answer to this question depends on a few factors.
Florida probate attorneys usually bill by the hour, averaging around $350 per hour plus costs and expenses. What you actually pay depends on the attorney's experience and the scope of work your case needs.
In Florida a surviving wife is generally entitled to inherit her husband's estate when there are no children. Exceptions apply, such as a will that specifically excludes her from inheriting.
A power of attorney acts for someone who is still living, under the authority that person granted. An executor is named in a will and acts only after death, carrying out the wishes of the deceased.
A probate attorney handles the legal requirements of probate for you, filing the required paperwork and appearing in court on your behalf. That saves time, avoids costly mistakes, and reduces stress after a death.
Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate.
At a probate hearing, the court decides whether or not to grant probate to the executor of an estate. The executor is responsible for carrying out the deceased person's wishes as specified in their will.
A Letter of Testamentary is a court-issued document that proves that the person named in the will is the rightful executor. This document is necessary to settle the estate and distribute assets according to the will.
The answer to this question depends on the specifics of the situation.
Heirs, such as a spouse, children, or people named in estate planning documents, may have rights to the home after the borrower dies. A reverse mortgage is still a loan and must be paid in full to avoid foreclosure.
Florida probate generally runs about 3-5% of the estate's value in attorneys' fees, and many attorneys handle simple, uncontested cases on a flat fee. Court filing and accounting costs come on top of that.
The answer is maybe because Individual cases always vary, and your circumstances may have underlying facts or conditions that may affect whether a mortgage may stay in a decedent’s name.
If you have a reverse mortgage and die, your heirs will still inherit your home, but the reverse mortgage must be repaid by either the estate or the heirs in full to avoid foreclosure.
Yes. The cost of probate can vary depending on the size and complexity of the estate, but it generally costs between 2 and 5 percent of the estate's value.
A probate attorney handles the administration of a deceased person's estate: proving the will, inventorying and appraising property, paying debts and taxes, and distributing what remains to the heirs.
