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property willed still on mortgage

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charr

New member
What is the name of your state?Florida
The house is still in mortgage ,probably 10 more years to pay and husband passed away.The deed is in my name.It's almost 2 years already and my late husband daughter of first marriage claimed that the house willed to her before our marriage.Also, I am still paying the monthly mortgage.As soon as I fully paid the loan,does she has the claim on it?Assuming she has the will?
 


LdiJ

Senior Member
What is the name of your state?Florida
The house is still in mortgage ,probably 10 more years to pay and husband passed away.The deed is in my name.It's almost 2 years already and my late husband daughter of first marriage claimed that the house willed to her before our marriage.Also, I am still paying the monthly mortgage.As soon as I fully paid the loan,does she has the claim on it?Assuming she has the will?
You stated that the deed is in your name? If so, I don't see how your late husband's daughter can make any claim on the house at all.
 

charr

New member
Deed is in my name now after I submitted the death certificate of my husband as told by the tax department.
 

adjusterjack

Senior Member
How did the ownership read before your husband died? (Condolences.)

"Jane and Joe as joint tenants with right of survivorship"?

If it was that, then you became sole owner at the moment of his death no matter what his will said.

If it said something else, please quote it word for word.
 

Taxing Matters

Overtaxed Member
Jane and Joe, husband and wife.
Florida is state that uses the tenancy by the entirety (TBE) property system for married persons. The deed reflecting that the property is owned by husband and wife will result in at least the presumption that the property was held TBE. Under TBE, when the first spouse dies, the second spouse becomes the sole owner of the property they owned jointly together.

Moreover, even if the property was not held TBE she would not have any claim to your share of the property and she can only get what a will says she gets if submits the will to probate, and if she waits too long to do that the will she has will be worthless anyway. If it's been two years and she still hasn't submitted the will to probate (as state law required her to do) then the chances are pretty good she's just full of hot air and trying to bluff you.

No community property state uses TBE, so those folks in community property states are often not familiar with it.
 

bcr229

Active Member
So, the order of events is this:
Your husband purchased a house.
Your husband had a Will drafted that left the house to his daughter.
Your husband then married you.
Your husband had you added to the house deed as husband and wife.
Your husband passed away.
Your late husband's daughter now believes she has a claim to the house.

If that's the case, it sounds like daughter is SOL no matter what the Will says, because the house is not a part of your late husband's estate.
 

charr

New member
Thanks for all the inputs here, and reading the Rights of surviving spouses in Florida,helps my mind to rest a bit.I still cannot afford to consult a lawyer this time, but I hope to read more valuable knowledge out there from the members.
 

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