QUESTION

My mother has passed away she had no will. My nephew wants to take over her mortgage I be g the oldest sibling do not want any part of the property.

Asked on Jun 28th, 2020 on Wills and Probate - Florida
More details to this question:
No will. No beneficiary mother passed away with a mortgage on her home. My nephew wants to take it over. Can I just sign my right as oldest sibling away and let him have it
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
No.  The estate must first pass through probate, pay your mother's debts and distribute the rest according to the inheritance laws of Florida.  If you are the "oldest sibling," you have siblings who (assuming your father is gone) will also inherit.  You can then gift your interest in the estate to your nephew.  Whether your siblings will also gift their interest is another question.  Whether the mortgagee/lender will foreclose, whether the estate administrator will sell the house, whether there will be money left after paying the debts are additional questions.
Answered on Jun 29th, 2020 at 5:08 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.

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