How do I get a deed changed when the original owner has passed away leaving no Will?

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How do I get a deed changed when the original owner has passed away leaving no Will?

My brother was the owner of the house; he passed away 3 years ago. My mother is the one that always paid the mortgage. She still gets mortgage statements but has not paid since my brother passed. The mortgage company has not asked us to leave or done anything. Is there a way for the deed to switch to my mother without owing anything to the mortgage company? She is willing to pay taxes on the home. We have been here for over 13 years.

Asked on August 6, 2011 Florida

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If the mortgage has not been paid in 3 years has the property gone in to foreclosure?  And have you done anything to probate your brother's estate?  You need to take care of that first before anything else can be done.  Your brother died intestate and that means that the intestacy laws in the state of Florida will apply.  It is my understanding that because he died without a Will (and I assume no spouse or children) that your Mother inherits the house under the law.  She will have to figure out the financial issues here but the mortgage company will not just let her pay the taxes. The mortgage company will not just forgive the last 3 years.  She will have to apply for a mortgage, etc.  Please get help.  Good luck.


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