QUESTION

My brother passed away without a will. My other brother wants to sell. I want to keep it. I made a bank payment.

Asked on Nov 10th, 2020 on Wills and Probate - Florida
More details to this question:
We don't own the house the bank does. My brother has renters in the home and im fine with that. What do I need to make this work?
Report Abuse

1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Ask a probate lawyer who practices in the county in which your brother lived and died to help you file an Application for Determination of Heirship and Issuance of Letters of Administration (or its Florida equivalent).  Once the court appoints you administrator of the estate, the bank cannot foreclose for six months.  During that period, you can find out whether the bank will allow you and your surviving sibling to take over the home or whether you must sell it to pay off the mortgage loan.  Please note that the bank loan the funds based on the credit, etc. of your deceased brother and on it being owner-occupied.  You and your surviving sibling may or may not have sufficient credit, etc. for a home which is not owner-occupied.
Answered on Nov 11th, 2020 at 5:07 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

Report Abuse

Ask a Lawyer

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.

0 out of 150 characters