What do I do if my husband passed away and left property to me that and I need to get put into my name but I have no money?

He left everything to me in his Will. I’m in the process of filing for disability.

Asked on March 6, 2018 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss and for the situation.  What are you concerned about here?  Is it the issue with the financing (the mortgage) or is it just making sure that the property is placed in your name?  For now, until you get on your feet and are getting in some funds to have an attorney help you, make sure that all payments are up to date on the property.  You need to file a Probate Petition to submit the Will for Probate and be able to have the executor transfer the ownership of the property to you via Executor's deed.  Understand that you do not have to refinance the property in to your name if it was left to you via Will, unless you wish to refinance it.  It does not trigger the due on sale clause.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.