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Probate/Estate Question

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bricedesign

Junior Member
What is the name of your state (only U.S. law)? Florida
I have a question regarding probate. My mother recently passed and her house was in her name and my brothers with right of surviorship. The house has been in a sinkhole litigation and at the time of her death was not settled. i am living in the house as I have been from the time my mother was diagnosed with terminal cancer and I had been her sole and primary caretaker! Now my brother is using a probate attorney so that the sinkhole settlement money will go to him and not paid directly to the mortgage company. He is telling me in order to go forward with probate I have to have all the utilities, bills etc changed into my name so I can pay them. My question is why? My name is not on the house, I have been paying some of the bills since I arrived and I see no reason to have them in my name. I will continue to pay the bills other than the mortgage which is still ni my brothers name! The house is suppose to eventually go to me when everything is settled and at that time I would then change the names on the bills. Help!
 


Dandy Don

Senior Member
Now that the death has occured, with right of survivorship the house will eventually be put into your brother's name during probate. Let's hope that he is going to pay off the mortgage or continue to pay it after he gets his settlement money.

So you need to ask him if he is going to continue to let you live there after probate is over or is he really going to get title changed to your name only AFTER the mortgage is paid off.

The only confusing statement that you need to get clarification on from an attorney is that "he is using a probate attorney so that the sinkhole settlement money will go to him and not be paid directly to the mortgage company." It is proper that the money should not be paid to the mortgage company, but it may not be proper that the check should be paid only to him. On the lawsuit with the settlement, you need to look at how it is titled in court (does it have just HIS name on it, or is it the ESTATE of someone, or why wasn't your name also on the lawsuit as a party to it?)? You need to be consulting with an attorney to find exactly how the settlement check should be made out to as payee. If it is going to the estate and you are an heir in the estate it will be divided properly, but if it is payable only to him that would seem a bit improper or illegal. Maybe both of your names should be on the check as payees so you can split the money.

DANDY DON IN OKLAHOMA ([email protected])
 

anteater

Senior Member
The house is suppose to eventually go to me when everything is settled....
How is that? If your mother and brother owned with right of survivorship, it is now his. Is he going to gift it to you?
 

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