Mourningdove79
Junior Member
What is the name of your state? FLORIDA
My father in law died last week without a will. There are only two children (my husband and his sister). He owned only a small home where they (the two siblings) grew up. He has been divorced from their mom for several decades.
He had a mortgage on the house for $17K for improvements which he paid faithfully. He had a small bank account which he had his daughter's name on also in case he ever went in the hospital (he had a bad heart-it's what killed him). She is actually the one who lives in Florida and is dealing with most of this-We live in VA.
He had no debts at all. Not even a subscription to cable or a magazines or even the newspaper. The utilities have been notified, as has been the house insurance and the mortgage co. The mortgage co. said we could do a "simple assumption". Is this all that needs to be done? Or do we need to hire an attorney to put all this in probate? Forgive my ignorance, but I am not even exactly sure what "probate" entails. It was my impression that probate was so that creditors could claim anything owed against his estate or relatives could also place claims. There is no such situation here. There is no valuables, etc.
Any advice on what we need to do? Mainly they are very distraught and devasted right now. They want to keep the house in the family. Both are married and have homes, families, etc. What we plan and agree to do, is rent out the home to pay the mortgage and then own it outright. Is this ok to do?
Thank you for any advice you can offer.
Carlie
My father in law died last week without a will. There are only two children (my husband and his sister). He owned only a small home where they (the two siblings) grew up. He has been divorced from their mom for several decades.
He had a mortgage on the house for $17K for improvements which he paid faithfully. He had a small bank account which he had his daughter's name on also in case he ever went in the hospital (he had a bad heart-it's what killed him). She is actually the one who lives in Florida and is dealing with most of this-We live in VA.
He had no debts at all. Not even a subscription to cable or a magazines or even the newspaper. The utilities have been notified, as has been the house insurance and the mortgage co. The mortgage co. said we could do a "simple assumption". Is this all that needs to be done? Or do we need to hire an attorney to put all this in probate? Forgive my ignorance, but I am not even exactly sure what "probate" entails. It was my impression that probate was so that creditors could claim anything owed against his estate or relatives could also place claims. There is no such situation here. There is no valuables, etc.
Any advice on what we need to do? Mainly they are very distraught and devasted right now. They want to keep the house in the family. Both are married and have homes, families, etc. What we plan and agree to do, is rent out the home to pay the mortgage and then own it outright. Is this ok to do?
Thank you for any advice you can offer.
Carlie