QUESTION

I am the Personal Representative of my Husband will the home and four acres has a mortgage no I am not on it. In the will he mad that part a life esta

Asked on Mar 04th, 2017 on Wills and Probate - Florida
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estate. Now he said that I don't have to pay the mortgage off with the life insurance if I choose not to live here. What is my responsibility
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1 ANSWER

Maryellen Sullivan
If the mortgage is in your husband's name only and encumbers land that he owned only in his name, you are not personally liable for the mortgage.  His estate is liable, and the mortgagee could put a lien on the land and eventually force its sale if the mortgage is not paid. It sounds like he gave you a life estate, which usually means you have the right to live on the property for your lifetime but must pay its expenses.  If you do not want to do this, you can disclaim the life estate, which should be done in writing.  Given that a mortgagee is involved, I would provide them with the written disclaimer.  You may want to have an attorney draft this for you, or ask the mortgagee if they have a form and then have an attorney review it for you.  
Answered on Mar 14th, 2017 at 3:31 PM

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