Hello My husband passed away about 4 years ago. We purchased a house 10 years ago. The property was under both our names but the loan was only under my husbands name. I am trying to put the mortgage loan on my name but they are telling me that besides the death certificate and the deed that proves that the property is on my name they need an executorship letter. The deed is already on my name. I am the solely owner of the house and the only person who has an interest on it. My husband had two children who do not live in the state of florida, are not minors, and are not interested on the house. He and I also have a son that is not either a minor neither is interested on the house. My husband did not leave a will. Do I need an attorney to get the executorship letter? if not, What is the process I have to follow in order to get one? Thank you for your time.
You should seek out an attorney who practices in the field of estate planning or probate. He or she can assist you with this issue. If the home was homestead, it passed to you by operation of law at the death of your husband. However, the interest you have in the home depends on how the home was titled. If the home was owned by you and your husband as "husband and wife," you have full possessory interest in the home. If it was in the sole name of your husband, but is homestead property, it may be that you hold a life estate in the property subject to a vested remainder interest held by your husband's children. You need to have the documents reviewed by an attorney.
Astrid de Parry, P.A.
(386) 736-1223
DeLand, FL
It sounds like it may be easier to refinance the property. Loan rates are lower, and you may have more equity in the property. Establishing a formal probate to obtain letters of administration would have a significant cost associated with this proceeding, which could be used toward a refinance. Yes, you would need an attorney to establish a formal probate proceeding.
If the property is in Florida and was owned by you and your husband, it was probably titled as "Tenancy by the Entireties." As such it transferred by operation of law upon his passing. Recording of the death certificate and an affidavit of continuous marriage was all that was needed to transfer the ownership interest in the property. That being said, there is a difference between a Warranty Deed and a Mortgage Deed. Most mortgage deeds state that the loan is binding upon the heirs. However, they appear to be saying that there are no court documents establishing that you are the heir, at least for their purposes.
I would speak to a probate attorney to be sure the property is properly in your name, and to look into any options with regard to the outstanding mortgage loan.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.